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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).[citation needed], 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 modified so as to avoid such inconvenience but no further. This is supported by Lord Wensleydale in Grey v. Pearson (1857; 6 HL CAS 61), who said: the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity or inconsistency, but not farther.
This rule may be used in two ways. It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. For example, imagine there may be a sign saying "Do not use lifts in case of fire." Under the literal interpretation of this sign, people must never use the lifts, in case there is a fire. However, this would be an absurd result, as the intention of the person who made the sign is obviously to prevent people from using the lifts only if there is currently a fire nearby. The second use of the golden rule is in a wider sense, to avoid a result that is obnoxious to principles of public policy, even where words have only one meaning. Section 46 of the Administration of Estates Act 1925, required that the court should "issue" someone's inheritance in certain circumstances. In Sigsworth, Re, Bedford v Bedford (1935; Ch 89) the court held that no one should profit from a crime, and so used the Golden rule to prevent an undesirable result, even though there was only one meaning of the word "issue". The facts of this case are often misreported; a son murdered his mother and committed suicide. The courts were required to rule on who then inherited the estate, the mother's family, or the son's descendants. There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court found in favour of the mother's family.
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What is the golden rule in cyberspace?
The golden rule in cyberspace is to treat others online as you would like to be treated yourself. This means being respectful, kind, and considerate in your interactions with others, and avoiding behaviors such as cyberbullying, trolling, or spreading misinformation.
What are the different parts of statute and state whether those can be used in interpretation of statutes?
The different parts of a statute include the title, preamble, enacting clause, body, and closing clause. These parts can be used in the interpretation of statutes to understand the legislative intent behind the law and determine its scope and application. Additionally, legislative history, purpose, and context may also be considered in interpreting statutes.
Can common law override statute law?
Yes and no. In general, in the U.S., a statute overrides pre-existing common law, to the extent of the statute's language. For example, a common law rule may apply to "all contracts". If the legislature later enacts a statute that is stated to apply to "all contracts for the sale of goods," then the statute overrides common law, but only with respect to contracts for the sale of goods.However, a later court case may arise where there is some question to whether the statute applies as written; there is an issue that is not explicitly covered by the statute (for example, the statute may not have defined "goods"). The court may then interpret the statute's unexpressed terms, and in that sense "override" the statute (at least in part) by its interpretation. And that interpretation will be followed in lower court cases.But the right of courts to throw out, or void, statutes because they are unconstitutional is well enshrined in U.S. common law.
Describe how statutes affect contractual terms?
Statutes can override or supplement contractual terms by providing additional requirements or limitations. For example, statutes may impose consumer protection regulations or require specific disclosures in contracts. Courts will generally enforce statutory provisions over conflicting contractual terms to ensure compliance with the law.
Another word for lawful?
Statutes.
What are the distinctons between the literal rule ad the golden rule?
The literal rule interprets statutes based on the plain, ordinary meaning of the words used, applying them strictly as written, regardless of the consequences. In contrast, the golden rule allows for a more flexible interpretation, permitting deviations from the literal meaning to avoid absurd or unjust outcomes. While the literal rule emphasizes textual clarity, the golden rule seeks to balance clarity with fairness in legal interpretation. Thus, the golden rule acts as a corrective mechanism to the potential rigidity of the literal rule.
What has the author Peter Benson Maxwell written?
Peter Benson Maxwell has written: 'On the interpretation of statutes' -- subject(s): Interpretation and construction, Law, Statutes 'The interpretation of statutes' -- subject(s): Interpretation and construction, Law, Statutes
What is the objectives of interpretation of statutes?
what is the objective of statutory interpretation
What is the object of interpretation of statutes?
object of interpretation of statutes are as follows: 1. codifying statute 2.consolditating statute 3.declaratory statute
Who said The golden rule is that there is no golden rule?
nobody said there wasn't a golden rule
What is the golden rule for indigenous?
golden rule for wicca
What has the author Z A Channa written?
Z. A. Channa has written: 'The interpretation of statutes' -- subject(s): Interpretation and construction, Law
What are the mischief rule of interpretation of statutes?
A ruling or a type of law once prevelant in the United Kingdom and not elsewhere that is out-moded nowadays. See below link - and other entries in several search engines for more information.
Does the President of the United states determine the constitutionality of statutes?
No- only the supreme court of the US can rule on the constitutionality of statutes.
When was Golden Rule Airlines created?
Golden Rule Airlines was created in 2003.
When was Golden Rule - album - created?
Golden Rule - album - was created in 301.
Why are there rules for statutory interpretation?
Statutes passed by U.S. Congress are typically general in nature. The words used in the statute need to be applied to particular circumstance, cases. Attorneys argue about proper interpretation of statutes. When an appeals court decides which interpretation is correct, that ruling stands as a valid interpretation until a higher court decides otherwise. The interpretation of a statute becomes the law of the land.
