Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which Parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole .
What do you mean by golden rule of interpretation?
This rule is a modification of the literal rule. It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result . ... The rule was used in the case of Adler v George (1964) to avoid an absurd result.
What is golden rule in interpretation of statutes?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning . It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
What is the meaning of golden rule in law?
the golden rule
legalan unwritten rule of statutory interpretation that states that judges can move away from the normal meaning of a word in order to prevent an absurd decision . Synonyms and related words. The law, laws and parts of laws. act.
Why is the golden rule important in law?
The main advantage of The Golden Rule is that drafting errors in statutes can be corrected immediately . ... A major disadvantage of The Golden Rule is that judges can technically change the law by changing the meaning of words in statutes.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach . These rules will be discussed within the body of this essay.
What is the golden rule of evidence?
The golden rule or British rule is that the words of a statute must prima facie be given their ordinary meaning . It is the addition and subtraction in the meaning of the statute. It usually avoids unjust or absurd results in sentencing.
What are the three rules of interpretation?
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
What are the methods of interpretation?
The interpretative methods of international law fall into four categories: textual (2.1), systematic (or contextual) (2.2), purposive (or teleological) (2.3), and historical (2.4) . They are congruent with the four methods of statutory interpretation identified by Friedrich Karl von Savigny.
What is difference between interpretation and construction?
1. Interpretation refers to the understanding of words and the true sense of a legal text. Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text .
What is the Golden Rule in UK law?
The ‘Golden Rule’ of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result .
What is Heydon’s rule?
When material words are capable of bearing two or more constructions the most firmly established rule for construction of such words “of all statutes in general” is the rule laid down in Heydons case also known as mischief rule. This rule is also known as purposive construction.
What is the difference between the mischief rule and purposive approach?
The mischief rule however is different to the strict criteria set out in Heydon’s case. The purposive approach goes further by seeking to determine Parliament intentions in passing the act . ... When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard.
What is the Golden Rule in Christianity?
The Golden Rule tells Christians to treat other people as they would like to be treated .
What is the silver rule of Confucianism?
The silver rule states “ Do not do unto others as you would not have them do unto you .” The silver rule has its own deficiencies, as it only requires an individual not harm others, and does not ask that person to engage in positive behavior.
Why was the Golden Rule abandoned?
The Golden Rule failed because it left no room for error , it provided too much flexibility to the government and it relied on over optimistic forecasts.
