Golden Rule (law)

Golden Rule (law)

In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” (also known as the “literal rule”) and the “mischief rule.”

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, 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."

Read more about Golden Rule (law):  Circumstances of Use, History and Evolution, Worked Examples

Famous quotes containing the words golden and/or rule:

    How doth the little crocodile
    Improve his shining tale,
    And pour the waters of the Nile
    On every golden scale!
    Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)

    It is an axiom, enforced by all the experience of the ages, that they who rule industrially will rule politically.
    Aneurin Bevan (1897–1960)