top-rated free essay

Delegated Legislation

By darcyrose Dec 11, 2012 475 Words
June 2004 – Q2

A) Under the Golden Rule, “it is generally considered to be an extension of the literal rule. In its general expression it is applied in circumstances where the application of the literal rule is likely to result in, what appears to the court, to be an obviously absurd result” (Source B). For example, in R v. Allen (1872), the word ‘marry’ was interpreted as meaning ‘to go through a ceremony of marriage’, because using it literal meaning would produce the absurd result that the offence of bigamy would be impossible to commit.

The Golden Rule was also applied in Re Sigsworth (1935). A son murdered his mother and she had not made a will. Under the statute setting the law on intestacy, he was her sole issue and stood to inherit her whole estate. The court applied the Golden Rule holding that an application of the Literal Rule would lead to a repugnant result. He was thus entitled to nothing.

The broader application of the golden rule can be illustrated by the case of Adler v George 1964.  The defendant was charged with obstructing a guard in the execution of his duty after being challenged by a sentry at a MOD establishment.  The wording of the relevant provision included the phrase ‘in the vicinity of’. The defendant argued that this meant that he could not be charged and convicted because he was actually already inside the establishment whereas ‘in the vicinity’ meant outside or in the proximity or area.  The court decided that this would lead to an absurd result and interpreted the words so as to include the situation which had arisen where the individual was already on the premises.

B) i) Using the Literal Rule, Henry would not be guilty as the Act would make bigamy a crime impossible to commit. This would produce and absurd result. The court would apply the Golden Rule, as shown in the source, and find Henry guilty, regardless of religious beliefs.

ii) Using the Literal Rule, Jane would not be found guilty as bigamy would be an impossible crime to commit. Applying the Golden Rule would produce an absurd result. Using the Purposive Approach, the legislation is intended to stop people knowingly and intentionally committing the offence of bigamy. As she did not do this knowingly or intentionally then she would not be found guilty.

iii) If applying the Literal Rule, Elizabeth would not be found guilty as bigamy would be an impossible offence to commit. This is an absurd result. The courts would then apply the Golden Rule as they did in Source A and find Elizabeth guilty.

C) i) Here, the courts should give the disputed words their ordinary, literal meaning, regardless of the outcome. If the outcome is absurd or repugnant, the remedy lies in parliamentary amendment, not statutory interpretation.

Cite This Document

Related Documents

  • Delegated Legislation

    ...Outline the different forms of delegated legislation. (10 marks) Delegated legislation (secondary legislation) is law that is authorised but not made by Parliament. Parliament lays out a basic framework, known as the enabling Act and other people or bodies are delegated powers to make the more detailed rules. Ministers and government depar...

    Read More
  • Legislation: Administrative Law and Statutory Instruments

    ...Tables of Content Introduction……………………………………………………………..2 Legislation………………………………………………………2 Subordinate legislation………………………………………….2 Delegated legislation……………………………………………………3 Types...

    Read More
  • Delegated Legislation

    ...INTRODUCTION Delegated legislation refers to the rules and regulations, which are passed by some person or body under some enabling parent legislation. The Interpretation Act 1967 defines it as ‘any proclamation, rule, regulation, order, by-law or other instrument made under any Act, Enactment, Ordinance, or other lawful authority and having ...

    Read More
  • Interpretation of delegated legislation in india

    ...INSTITUTE OF LAW NIRMA UNIVERSITY INTERPRETATION OF DELEGATED LEGISLATION IN INDIA Project Work (INTERPRETATION OF STATUTES) By: Nidhi Jain LIST OF CASES R.Vs. Burah (1878) 3 AC 889 Jhatindra Nath Gupta Vs. Province of Bihar AIR 1949 FC 175 ...

    Read More
  • mens rea and delegated legislation

    ... Mens Rea and delegated legislation Alexandra StoicaMens rea: the guilty mind of the defendant The difference between s18 and s20 of the Offences against the person act 1861 is the mens rea required. Mens rea must be distinguished from motive. Motive can be relevant in some crimes. Intention:...

    Read More
  • Critically examine and discuss the separation of powers in the Hong Kong legal system using relevant legislations and case law

    ...oath (s 11) and compel them to answer questions or produce evidence (s 13). (Ghai, 1999) Additionally, the powers to impeach the Chief Executive also involves apparent judiciary procedures by way of summoning persons concerned to testify or give evidence and mandating the Chief Justice to form and chair an independent investigation committee (BL...

    Read More
  • Outline Current Legislation, Guidelines, Policies and Procedures Within Own Uk Home Nation Affecting the Safeguarding of Children and Young People.

    ...and local guidelines, policies and procedures for safeguarding affect day to day work with children and young people. In a school, nursery or educational establishment, Government Legislation and policies and procedures within the establishment ensure that all children are kept safe and protected from harm. All establishments must have these p...

    Read More
  • Delegated Legislation

    ...Delegated Legislation Delegated legislation, also referred to as secondary legislation, is legislation made by a person or body other than Parliament. Parliament, through an Act of Parliament, can permit another person or body to make legislation. An Act of Parliament creates the framework of a particular law and tends only to contain an outli...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.