Preview

Golden Rule of Interpretation

Good Essays
Open Document
Open Document
3248 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Golden Rule of Interpretation
Golden Rule Of Interpretation-Comparision Between English Law And Indian Law INTRODUCTION The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver. In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The golden rule allows a judge to depart from a word's normal meaning in order to avoid an absurd result.
The term "golden rule" seems to have originated in an 1854 court ruling,[1] and implies a degree of enthusiasm for this particular rule of construction over alternative rules that has not been shared by all subsequent judges. For example, one judge made a point of including this note in a 1940 decision: "The golden rule is that the words of a statute must prima facie be given their ordinary meaning."
Although it points to a kind of middle ground between the plain meaning (or literal) rule and the mischief rule, the golden rule is not, in a strict sense, a compromise between them. Like the plain meaning rule, the golden rule 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 golden rule dictates that a 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 main advantages of the golden rule of interpretation are a) Errors in drafting can be corrected immediately . b) Decisions are generally more in line with

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Quiz 1 Bibl 104

    • 583 Words
    • 3 Pages

    | According to Fee and Stuart what do they say is the aim of a good interpretation?Answer…

    • 583 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    how any particular judge, government official, or other person will interpret or apply such principles.…

    • 8195 Words
    • 33 Pages
    Powerful Essays
  • Good Essays

    Individuals are always taught that the golden rule is to treat others how we would like to be treated. But everyday people in society treat others differently or making judgments for how they look or what they believe in. Sometimes people don't realize they are treating these certain people that way or making those judgements . People in America are known to treat people very differently depending on the color of their skin or their certain beliefs. Although our society suggests to treat others how all would like to be treated, there is still a tendency where people treat others unfairly or differently for various reasons.…

    • 735 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Slip or Tripo

    • 923 Words
    • 4 Pages

    • Warrant: Common sense rules… or discourse area rules… that people generally accept as true. These include laws, scientific rules, general definitions, etc. Certain rules that connect evidence back to claims—how the evidence supports the claim.…

    • 923 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Nonprofit Times paraphrases that the first rule is to follow the rules. There is no room for error or a grey area, rules are there for a purpose. The second…

    • 315 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Miss Sarah Nadwick

    • 651 Words
    • 3 Pages

    In addition, these primary precepts such as peace in society and preservation of life are reasonable and logical rules that are common in all cultures and therefore everyone can understand and follow these rules easily to make moral, sound decisions. Natural moral law can also be flexible even though there is a set of solid rules but secondary precepts can change depending on circumstances, culture and worldview. Furthermore, double effect justifies good actions even if they do lead to unintended bad consequences such as death which conflicts with the precept of preservation of life.…

    • 651 Words
    • 3 Pages
    Good Essays
  • Good Essays

    * One advantage could be that systematic approaches help maintain balance in recalling and teaching the “whole counsel of God” instead of just harping on your favorite texts and interpretations.…

    • 4160 Words
    • 17 Pages
    Good Essays
  • Better Essays

    Module 1 Pm

    • 2445 Words
    • 10 Pages

    fallacies that people often fall into when making decisions. When you do the right thing you will not have a guilty conscience weighing you down. The Golden Rules is one of the most concise and general principles of ethics you can find in business or elsewhere. It is ideal for the business setting where hectic schedules, stress, and job pressures make ethical dilemmas difficult to sort out.…

    • 2445 Words
    • 10 Pages
    Better Essays
  • Satisfactory Essays

    Journal Evaluation

    • 311 Words
    • 2 Pages

    I thought this article was a good component to explain how the golden rule works even though it talks about war it provides good reasoning that the golden rule is important. It also was not really thought about when we decided to attack Iraq because they really did not at all indicate any kind of hints that they would attack the US. If we went by the golden rule then we probably would not have attacked them because no one wants to be attacked without doing anything. That’s where the golden rule comes to play do on to others as one would want done to…

    • 311 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    China Legalism

    • 19738 Words
    • 79 Pages

    in ancient Legalist texts such as the Han Feizi. According to the conventional reading of…

    • 19738 Words
    • 79 Pages
    Better Essays
  • Good Essays

    Also generally the golden rule is taught just as part of our societal norm in this current age we live…

    • 519 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    another rule directly following it. Taking another quote from Kevin Pauley, this phrase could be…

    • 1274 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Another pro is that the decision maker does not have to weigh the pro 's and con 's of the decision, which can interfere with the greater good of the decision. Since decision makers aren 't always able to see all sides of the situation, with act-utilitarianism they sometimes make the wrong decision. However if a decision maker uses asset of rules to guide him through the decision making process he is most likely to have an outcome of greater good, even though he may not ever see the good…

    • 1550 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    BUS LAW IRAC Brief

    • 923 Words
    • 4 Pages

    law the court used to solve it (the rule); how the court applied the rule to the facts (the…

    • 923 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Two of the more important maxims (guides or aids) commonly used by the courts are (pg. 20):…

    • 604 Words
    • 3 Pages
    Good Essays