Week 3 Golden Rule

Golden Rule

If the court applies the Literal rule and there was no decision, they will apply other rules of statutory interpretation. One is the Golden rule, which seeks to apply a reasonable and rational result. Where the statute was passed to remedy a weakness, the interpretation will correct that weakness making complex cases easier to understand.

Disadvantages of the Golden rule

Judges are unable to change or add meaning to statutes and thereby become law makers infringing the separate of power.

Judges have no power to intervene for pure injustice where there is no absurdity.

Advantages of the Golden rule

Errors in drafting can be corrected immediately.

In the case of Adler v George (1964) 2 QBD 7

It was claimed that the defendant was convicted of an offence contrary to section 3 of the Official Secret Act 1920, in the vicinity of a prohibited place. He argued that he was “on the station” and could not be “in the vicinity” of the station. The court held that the words “in the vicinity” of the station should be interpreted to mean ‘on’ or ‘near’ the prohibited place and therefore he was found guilty.

Decisions are generally more in line with Parliament’s intention.

Closes loopholes.

Often gives a more just result.

Bring common sense to the law.

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imp-general-rules-of-interpretation.pdf (0.29 MB )

the-golden-rule-and-its-consequences-a-practical-a.pdf (0.07 MB )