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Statutory Interpretation (Golden Rule) (Benefits of Golden Rule (It allows…
Statutory Interpretation (Golden Rule)
This is an extension of the literal rule.
R v Allen
'whosever being married shall marry any other person during the life of a former spouse' shall be guilty of bigamy
If the word 'marry' means to marry in law, then the offence is impossible to commit .
Only those who are single, widowed or divorced cab marry
Adler v George
it is an offence to obstruct members of her majesty's forces 'in the vicinity' of certain prohibited areas
Defendant arrested within the base itself
Was the term 'in the vicinity' capable of more than one meaning
Re Sigsworth
Administration of Estates Act required property to be distributed to the 'next of kin' of an individual who died intestate
the person making the claim to the estate was the son who had murdered is mother
Benefits of Golden Rule
It allows the court to make sensible decisions
Prevents Parliament from having to pass amending legislation
Respects Parliament
Allows wording to be altered to avoid absurd or unjust outcomes
Disadvantages of the Golden Rule
Only allows judges to change the meaning of the word in very limited circumstances
Unpredictable and lacks guidelines
A freeable parachute
If the literal rule leads to an absurd or unjust result then a wider meaning can be given to avoid that result