ISIELT Lecture 9.

2:

Rules of Statutory Interpretation:

The Golden Rule
Readings
Md Abdul Halim, Statutory Interpretation and the
General Clauses Act (2015), pp. 25-29.
Synopsis
Meaning and Definition
Dictionary Meaning: “A rule of statutory or legal
document interpretation which allows a shift from the
ordinary sense of as word(s) if the overall content of
the document demands it.”
 Definition: Lord Wensleydale in the Grey v Pearson
case (1857) defines as: “The grammatical and ordinary
sense of the words is to be adhered to unless that
would lead to some absurdity or some repugnance or
inconsistency with the rest of the instrument in which
case the grammatical and ordinary sense of the words
may be modified so as to avoid the absurdity and
inconsistency, but no farther.”
So, the Golden Rule is a modification of the Literal
The Rule in the Narrower Sense
Literal meaning is eschewed when the words used in
the statute or legal document produces ambiguity or
absurdity.
Example: Adler v George case (1964)
The Golden Rule was applied in this case. Under section
3 of the official secrets act (1920) it was an offence to
obstruct HM Forces in the vicinity of a prohibited area.
Adler was arrested for obstructing forces whilst in a
prohibited area. Under The Literal Rule, Adler was not in
the VICINITY of the area – he was IN the area – and so
was not infringing the terms of the act. The Golden Rule
was applied to extend the meaning of ‘vicinity’ and
avoid the possible absurd outcome.
The Rule in the Broader Sense
Even though the words do not create any ambiguity or
absurdity, the public policy demand the abandonment
of the literal meaning.
What is public policy?
The principle that injury to the public good is a basis for
denying the legality of a contract or other transaction.
Examples of the rule in Broader
Sense
R v National Insurance Commissioner [1981] 1 All
ER 769
A husband made a will in favour of his wife. The wife
killed the husband. Then, she claimed benefit under the
will. The court found that by literal interpretation, she
was entitled to the benefit. There was no ambiguity in it.
Still the court refused to give her benefit because it
would defeat the public policy that no one should benefit
of his/her own crime/mistake (and that the actual
intention of the Parliament).
Examples
Re Sigsworth (1935)
Son killed mother and claimed inheritance. Under
statute, he had a rightful claim, but the court refused
because of pubic policy,’
Advantages
The main advantage of the Golden Rule is that
drafting errors in statutes can be corrected immediately
as seen in the Alder’s case where the loopholes were
closed and the decision was in line with parliament’s
intentions and it gave a more just outcome.
It prevents the absurdity and injustice caused by the
literal rule and helps the court thereby to put the
intention of the Parliament in practice.
Disadvantages
A major disadvantage of The Golden Rule is that
judges can technically change the law by changing the
meaning of words in statutes. They can, potentially
infringing the separation of powers between legal and
legislature.
Limitation
The Golden Rule won’t help if there is no absurdity in
the statute. For example the London and North Eastern
Railway v Berriman (1946) case, where the widow
couldn’t get compensation because the wording of the
statute didn’t allow for this circumstance
 Thank you