Golden rule (law)
Encyclopedia
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."
and the mischief rule
, the golden rule is not, in a strict sense, a compromise between them. Like the plain meaning rule
, the golden rule gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature
's intention, the golden rule dictates that a judge can depart from this meaning. In the case of homograph
s, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning.
(later Lord Wensleydale), which states:
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:
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' ".
For example, imagine there may be a sign saying "Do not use lifts
in case of fire." Under the literal interpretation of this sign, people must never use the lifts, in case there is a fire. However, this would be an absurd result, as the intention of the person who made the sign is obviously to prevent people from using the lifts only if there is currently a fire nearby.
The second use of the golden rule is in a wider sense, to avoid a result that is obnoxious to principles of public policy, even where words have only one meaning.
The rule was applied in this second sense in In Sigsworth, Re, Bedford v Bedford (1935; Ch 89), where the court applied the rule to section 46 of the'Administration of Estates Act 1925
. This statute required that the court should "issue" someone's inheritance in certain circumstances. The court held that no one should profit from a crime, and so used the golden rule to prevent an undesirable result, even though there was only one meaning of the word "issue". A son murdered his mother and then committed suicide. The courts were required to rule on who then inherited the estate: the mother's family, or the son's descendants. There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court found in favour of the mother's family.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, the Golden rule, or British rule, is a form of statutory construction
Statutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or...
traditionally applied by English courts. The other two are the “plain meaning rule
Plain Meaning Rule
The Plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts...
” (also known as the “literal rule”) and the “mischief rule
Mischief rule
The mischief rule is one of three rules of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” and the “golden 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."
Circumstances of use
Although it points to a kind of middle ground between the plain meaning (or literal) rulePlain Meaning Rule
The Plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts...
and the mischief rule
Mischief rule
The mischief rule is one of three rules of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” and the “golden rule.”...
, the golden rule is not, in a strict sense, a compromise between them. Like the plain meaning rule
Plain Meaning Rule
The Plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts...
, the golden rule gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
's intention, the golden rule dictates that a judge can depart from this meaning. In the case of homograph
Homograph
A homograph is a word or a group of words that share the same written form but have different meanings. When spoken, the meanings may be distinguished by different pronunciations, in which case the words are also heteronyms. Words with the same writing and pronunciation A homograph (from the ,...
s, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning.
History and evolution
The rule is usually based on part of Becke v Smith (1836) 2 M&W 195 per Justice ParkeJames Parke, 1st Baron Wensleydale
James Parke, 1st Baron Wensleydale PC was a British barrister and judge. After an education at The King's School, Macclesfield and Trinity College, Cambridge he studied under a special pleader, before being called to the Bar by the Inner Temple in 1813...
(later Lord Wensleydale), which states:
It is a very useful rule in the construction of a statuteStatuteA statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
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 legislatureLegislatureA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
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:
[I]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' ".
Worked examples
This rule may be used in two ways. It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves.For example, imagine there may be a sign saying "Do not use lifts
Elevator
An elevator is a type of vertical transport equipment that efficiently moves people or goods between floors of a building, vessel or other structures...
in case of fire." Under the literal interpretation of this sign, people must never use the lifts, in case there is a fire. However, this would be an absurd result, as the intention of the person who made the sign is obviously to prevent people from using the lifts only if there is currently a fire nearby.
The second use of the golden rule is in a wider sense, to avoid a result that is obnoxious to principles of public policy, even where words have only one meaning.
The rule was applied in this second sense in In Sigsworth, Re, Bedford v Bedford (1935; Ch 89), where the court applied the rule to section 46 of the'Administration of Estates Act 1925
Administration of Estates Act 1925
The Administration of Estates Act 1925 is a law passed in 1925 in England and Wales that changed the rule of inheritance from primogeniture to that of modern day norms. This statute does not apply to Scotland or to Northern Ireland....
. This statute required that the court should "issue" someone's inheritance in certain circumstances. The court held that no one should profit from a crime, and so used the golden rule to prevent an undesirable result, even though there was only one meaning of the word "issue". A son murdered his mother and then committed suicide. The courts were required to rule on who then inherited the estate: the mother's family, or the son's descendants. There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court found in favour of the mother's family.