Law: Statutory Interpretation ( Golden Rule)
Published on Nov 22, 2015
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PRESENTATION OUTLINE
Three different rules of interpretation
- The literal rule
- the golden rule
- the mischief rule
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The golden rule definition
- modification of literal rule.
- starts by looking at the literal meaning but the court is then allowed to avoid an interpretation which would lead to an absurd result.
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2 VIEWS ON HOW THE GOLDEN RULE SHOULD BE USED
The first view is very narrow and is shown by Lord Reid's comments in Jones v DPP (1962)
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Lord Reid's comments in Jones v DPP (1962)
- the court may only choose between the possible meanings of a word or phrase. If there is only one meaning then that must be taken.
( this can also be seen in Adler v George (1964))
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The second and wider application of the golden rule is where the words have only one clear meaning,but the meaning would lead to a repugnant situation.
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- the golden rule respects the exact words of Parliament except in limited situations. Where there is a problem with using the literal rule,the golden rule provides an ' escape route'.
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- Its very limited in its use, so it is only used on rare occasions. another problem is that it's not always possible to predict when courts will use the golden rule.
- Michael Zander has described it as a 'feeble parachute'. In other words, it's an escape route but it cannot do very much.
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THANK YOU FOLKS :)
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