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:
“But when the bowels of the earth were sought,
And men her golden entrails did espy,
This mischief then into the world was brought,
This framed the mint which coined our misery.
...
And thus began th’exordium of our woes,
The fatal dumb-show of our misery;
Here sprang the tree on which our mischief grows,
The dreary subject of world’s tragedy.”
—Michael Drayton (1563–1631)
““Reason is an exception in me, too,” said Zarathustra: “Chaos and necessity and spinning stars—that is also the rule in the wisest world.””
—Friedrich Nietzsche (1844–1900)