While i accept and try to demonstrate the merits of interpreting the golden rule in universal prescriptivist terms, however, i conclude that a more robust. 2 lesson objectives all learners will be able to: understand what the literal rule is understand the definition of the golden rule most learners will be able to:. That is why we have rules, such as the literal, golden and mischief rules to help us there are three basic rules of interpretation of statutes which we examine. 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.
'the correct approach to the application of the 'golden rule' of interpretation after having ascertained the literal meaning of the word or phrase in. The golden rule of interpretation is a manner of interpreting statutes it is a slight departure from the literal rule of interpretation, which says that. Free essay: golden rule of interpretation-comparision between english law and indian law introduction the golden rule is that the.
When one has therefore followed these instructions to the best of his ability, he must observe what is properly called the golden rule of interpretation which is as . In this answer, we shall not go into measurement-theoretical aspects of quantum mechanics here we shall just derive the range where (the derivation of) fermi's. 22 summary in regard to grammatical-literal or plain meaning rule 3 golden rule of interpretation 31 golden rule 311 absurdity 312 inconsistency with. Definition of golden rule: that courts should stick to the commonly understood meanings of the words of a document unless doing so would be patently absurd.
A major disadvantage of the golden rule is that judges can technically change the law by changing the meaning of words in statutes they can, potentially. Interpretation he identified the three main approaches to interpretation currently used by the new zealand courts as being the literal rule, the golden rule and. Very long time that the interpretation of statutes is a matter for the judges it is not a golden rule is right, viz, that we are to take the whole statute together.
The golden rule in english law is one of the rules of statutory construction traditionally applied by english courts the rule can be used to avoid the consequences of a literal interpretation of. Generally, the three basic rules of statutory interpretation used in most common law jurisdictions – the literal rule, the golden rule, and the. Literal interpretation and that the supremacy of parliament would not be what has been called the golden rule of construction, lord wensleydale laid it. Definition of golden rule in the legal dictionary - by free online english dictionary and encyclopedia what is golden rule meaning of golden rule as a legal.
The golden rule is generally only misunderstood by non-christians who interpret it out of the context of scripture the issue is not with the golden rule itself, but. Question on statutory interpretation is put to examination candidates the content of the golden and mischief rules with illustrations it is now a comfort to read. The golden rule is an adaptation of the literal rule it provides that words should be given their ordinary meaning as far as possible, but only to the extent that they . But sometimes this rule leads to absurdity and the golden rule comes in to remove it this rule is a departure from the literal rule of interpretation and asserts that.
Golden rule definition is - a rule of ethical conduct referring to matthew 7:12 and luke 6:31: do to others as you would have them do to you. The term golden rule is not found in scripture, but is the popular way of referring to the words of jesus in matthew 7:12 and lu 6:31 jesus states, do to others. An overview of the golden rule of statutory interpretation with case summaries and a consideration of its advantages and disadvantages.
So, the 'golden rule' of interpretation has to be followed the 'golden rule following words: viscount simon, lc, said: 'the golden rule is that the words of. Golden rule definition: a golden rule is a principle you should remember because it will help you to be | meaning, pronunciation, translations and examples. The subject of statutory interpretation already has a considerable literature of its the plain meaning of the words of the statute the golden rule, which would.