Golden Rule (law) - History and Evolution

History and Evolution

The rule is usually based on part of Becke v Smith (1836) 2 M&W 195 per Justice Parke (later 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 modified so as to avoid such inconvenience but no further.

Twenty years later, Lord Wensleydale restated the rule in different words in Grey v. Pearson (1857) 6 HL Cas 61, 106; 10ER 1216, 1234. He wrote:

n construing (sic) statutes, and all written instruments, 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.

With time, the rule continues to become more refined and therefore to be a more precise and effective tool for the courts. More than a century after Grey v. Pearson, a court added this caveat: "Nowadays we should add to 'natural and ordinary meaning' the words 'in their context and according to the appropriate linguistic register' ".