Golden Rule

Only available on StudyMode
  • Topic: Statutory interpretation, Plain meaning rule, Golden rule
  • Pages : 13 (3668 words )
  • Download(s) : 85
  • Published : November 8, 2011
Open Document
Text Preview
INTERPRETATION OF STATUTES PROJECT

in partial fulfillment for the award of the degree

of

BACHELOR OF LAW

AMITY UNIVERSITY , NOIDA

[pic]

SUBMITTED BY:

MANASHWI SAHAY

9TH SEMESTER

B.A LLB (Hons)

A3208307062

AMITY LAW SCHOOL , NOIDA

An Analytical Study of "golden Rule" of Interpretation

AMITY LAW SCHOOL, NOIDA

BONAFIDE CERTIFICATE

This is to certify that the project work “AN ANALYTICAL STUDY OF GOLDEN RULE OF INTERPRETATION” is a bonafide record of work done by “MANASHWI SAHAY (A3208307062) ”under my guidance in partial fulfillment of the requirements for the B.A L.L.B programme in INTERPRETATION OF STATUTES to Library and Information Services.

SIGNATURE
 Dr. Vijendra Singh
LECTURER, INTERPRETATION OF STATUTES
AMITY LAW SCHOOL, NOIDA

ACKNOWLEDGEMENTS

I take immense pleasure in thanking my director sir Maj. Gen. Nilendra Kumar for having permitted me to carry out this project work.

I wish to express my deep sense of gratitude to my Internal Guide, for able guidance and useful suggestions, which helped me in completing the project work, in time.

Needless to mention that  Dr. Vijendra Singh, lecturer INTERPRETATION OF STATUTES, Amity Law School , Noida , who had been a source of inspiration and for his timely guidance in the conduct of my project work. Words are inadequate in offering my thanks to the Project Trainees and Project Assistants.

Finally, yet importantly, I would like to express my heartfelt thanks to my beloved parents for their blessings, my friends/classmates for their help and wishes for the successful completion of this project.

MANASHWI SAHAY
9th semester
A3208307062
(AMITY LAW SCHOOL, Noida)

PREFACE

The Golden rule implies that if a strict interpretation of a statute would lead to an absurd result then the meaning of the words should be so construed so as to lead to the avoidance of such absurdity. A further corollary to this rule is that in case there are multiple constructions to effect the Golden rule the one which favours the assessee should always be taken. This rule is also known as the Rule of Reasonable Construction. However the application of this rule in the interpretation of taxing statutes is rather limited since the literal rule is more often applicable and it is oft remarked that equity and taxation are strangers (Grey vs. Pearson (1857) 6HL Cas 61)

TABLE OF CONTENT

. BONAFIDE CERTIFICATE

. ACKNOWLEDGEMENT

. PREFACE

.CHAPTER 1 – INTRODUCTION

.CHAPTER 2 – THE GOLDEN RULE OF INTERPRETATION

.CHAPTER 3 – CIRCUMSTANCES OF USE

.CHAPTER 4 – HISTORY AND EVOLUTION

.chapter 5 – WORKED EXAMPLES

.CHAPTER 6 – CASES

.CHAPTER 7 - CONCLUSION

.BIBLIOGRAPHY
CHAPTER 1

INTRODUCTION

In law, the Golden rule, or British rule, is a form of statutory interpretation that allows a judge to depart from a word's normal meaning in order to avoid an absurd result. 

It is a compromise between the plain meaning (or literal) rule and the mischief rule. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature's intention, the judge can depart from this meaning. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. 

The rule is usually based on part of Becke v Smith (1836) 2 M&W 195 per Parke B (who became Lord Wensleydale, which states: It is a very useful rule in the construction of a statute to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in which case the language may be varied or...
tracking img