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(a) That's wrong. 

You were asked to select the incorrect statement.

It is incorrect to say that, if a court is unhappy with the result of giving the words in legislation their ordinary, literal meaning, or their specially defined meanings, the court can apply the ‘golden’ rule and choose a different meaning.

It is correct to say that, when ascertaining what legislation means, a court is generally required to give the words in the legislation their ordinary, literal meaning, as defined in a good dictionary.

It is also correct to say that, in addition to giving words their ordinary, literal meaning, and any specially defined meanings, a court must also take account of what purpose the legislature had in mind when the legislation was enacted.

It is true that a court may properly decide not to give a word in legislation its ordinary, literal meaning if it the word is specially defined in the legislation; or if the court decides that that the legislature intended some specialised, technical or historical meaning.

Give yourself no marks for this answer.

 

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