Golden rule of statutory interpretation

The Golden Rule

The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning. (River Wear Commissioners v Adamson) (1876-77) L.R. 2 App Cas 743.

Case examples:

R v Allen (1872) LR 1 CCR 367         Case summary

Re Sigsworth [1935] 1 Ch 98    Case summary

Adler v George [1964] 2 QB 7 Case summary

Problems with the golden rule

Judges are able to add or change the meaning of statutes and thereby become law makers infringing the separation of powers.

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

London and North Eastern Railway v Berriman [1946] AC 278 Case summary

Advantages of the golden rule

Errors in drafting can be corrected immediately eg:

R v Allen (1872) LR 1 CCR 367 Case summary

Decisions are generally more in line with Parliament's intention

Closes loopholes

Often gives a more just result

Brings common sense to the law