2. What is it? A Rule from the Rule Book…
• "golden rule of construction", Lord Wensleydale laid it down as a rule
absolute for the construction of all written instruments, including statutes,
that the canon of literal construction is to be strictly applied save where
an absurdity or a repugnance with the rest of the instrument will result: in
such case the ordinary meaning of the words may be modified so as to
eliminate the absurdity or repugnance, but no further.,,
• [Grey v. Pearson(1867), 6 H.L. Cas. 61. The rule was first formulated about
a century earlier. Cf. Mitchell v. Torup (1766), Park. 227, and Rex v. Pease
(1832), 4 B. & Ad. 30.]
3. Rule of
absolutia sententia expositore non indiget
First is that words and
phrases may be so associated
with a statute as to be
susceptible of no more than
one plain ordinary meaning.
The second is that the true
meaning of the statute
coincides with whatever the
plain meaning of the words
conveys to the judicial mind.
4. Absurd….
• As used in dictionaries, "absurd" is an example of the kind of expression
having a highly relative and elastic content.
• It is used to describe any extreme departure from commonly accepted
principles of morality, philosophy, politics, or convenience :
• it is thus equivalent to "highly unreasonable" or, as a learned judge
• has described it "repugnant to common sense".
• [It is so defined in the Oxford English Dictionary, Vol. I, p. 43. Out of
harmony with reason or propriety - incongruous, unreasonable, illogical,
..... plainly opposed to reason, and hence ridiculous, silly." ]
7. Interpreting
Bigamy (S.57
of Offences
Against the
Person Act
1861)
• Whosoever, being married, shall marry any
other person during the life of the former
husband or wife, whether the second
marriage shall have taken place in England
or Ireland or elsewhere, shall be guilty of
felony, and being convicted thereof shall be
liable . . . to be kept in penal servitude for
any term not exceeding seven years . . .
• Can a married person marry?
• Is the term ‘marry’ refer to the ‘ceremony of
marriage’
8. R v
Allen (1872)
LR 1 CCR
367
The defendant was charged with the offence of bigamy
under s.57 of the Offences Against the Person Act 1861.
The statute states 'whosoever being married shall marry
any other person during the lifetime of the former
husband or wife is guilty of an offence'. Under a literal
interpretation of this section the offence would be
impossible to commit since civil law will not recognise a
second marriage any attempt to marry in such
circumstances would not be recognised as a valid
marriage.
Held:
The court applied the golden rule and held that the word
'marry' should be interpreted as 'to go through a marriage
ceremony'. The defendant's conviction was upheld.
![What is it? A Rule from the Rule Book…
• "golden rule of construction", Lord Wensleydale laid it down as a rule
absolute for the construction of all written instruments, including statutes,
that the canon of literal construction is to be strictly applied save where
an absurdity or a repugnance with the rest of the instrument will result: in
such case the ordinary meaning of the words may be modified so as to
eliminate the absurdity or repugnance, but no further.,,
• [Grey v. Pearson(1867), 6 H.L. Cas. 61. The rule was first formulated about
a century earlier. Cf. Mitchell v. Torup (1766), Park. 227, and Rex v. Pease
(1832), 4 B. & Ad. 30.]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)