However, if the language so permits, it is open to the Court to give to the statute that meaning which promotes the benignant intent of the legislation. If the court applies the Literal rule and there was no decision, they will apply other rules of statutory interpretation. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. Re Sigsworth  1 Ch 98 Case summary. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. A statute is an edict of the legislature. This rule allows a Judge to depart from a statute’s normal meaning to avoid an absurd result.
It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used. J. JOINDER OF PARTIES See PRACTICE AND PROCEDURE (Joinder) JUDGE See HIGH COURT (Judge) By Subhyanka Rao, RMLNLU.
This rule gives due regards to the consequence arising from the usage of such enactment. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent. The Golden Rule Advantages: The golden rule still respects the words of Parliament (and interprets them in a literal way) except in limited situations.
If … One is the Golden rule, which seeks to apply a reasonable and rational result. It was originated in England in 1854 and was coined by C.J. R v Allen (1872) LR 1 CCR 367 Case summary. • Principle of Beneficial interpretation –Construction more favourable to the assessee in case of any doubt • The golden rule –Words should be given their ordinary sense unless that would lead to some absurdity or inconsistency with the rest of the instrument. In Ramanjaya Singh v Baijnath Singh, the Election tribunal set aside the election of the appellant under s 123(7) of the Representation of People’s Act, 1951 on the grounds that the appellant had employed more persons than prescribed for electioneering purpose. THE GOLDEN RULE OF INTERPRETATION. Principles of Interpretation of Statutes 205 process of ascertaining the meaning at an Act of Parliament or of a provision of an Act.'' Overview : Rules of Interpretation Rule of Literal Interpretation The Mischief Rule Golden Rule of Interpretation Rule of Harmonious Construction There are certain general principles of interpretation which have been applied by Courts from time to time. Editor’s Note: The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. Where there is a potential absurdity in the use of the literal rule, such as ambiguity, the golden rule can provide an 'escape route'. Importance of Golden rule of Interpretation - 1) it departs from its strictly literal rules 2) the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the Legislature. Consider the first interpretation. The courts may then apply a secondary meaning. The normal way of interpreting or construing a statute is to seek the intention of legislature. The Golden Rule was used in the R v Allen case (1872).
It is known as the golden rule because it solves all the problems of interpretation. The Golden Rule. THE GOLDEN RULE OF INTERPRETATION.
One of the three basic rules of interpretation, construction is ‘Golden Rule’. The Golden Rule.
This interpretation is supreme and is called the golden rule of interpretation. This interpretation is supreme and is called the golden rule of interpretation.
The most familiar version of the Golden Rule says, “Do unto others as you would have them do unto you.” Moral philosophy has barely taken notice of the golden rule in its own terms despite the rule’s prominence in commonsense ethics. Golden Rule (INTERPRETATION) Meaning of words. The Golden Rule of interpretation can be said as the modification of the Grammatical Rule of Interpretation.
In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "Intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. On either interpretation, the Golden Rule has strongly counterintuitive implications in some situations. The Golden Rule is that the words of a statute must prima facie be given their ordinary meaning. It is also known as British Rule. 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.
So, The Golden Rule is a modification of The Literal Rule to be used to avoid an absurd outcome.
Golden Rule of Interpretation In order to avoid blaming the legislative intent that tend to produce an unreasonable result, the judges are allowed to divert from taking the way of ordinary meaning of any enactment and liberated to adopt some other possible meaning which will avoid such result.What Is Parliamentary Sovereignty, Mexican Independence Day, Performing Streaming Speech Recognition On An Audio Stream, How To Cite An Entire Magazine In Apa, Sleep Music & Rain, Poem Comparison Example, How Do Christians Think That The Transformation Of Self And Society Happen?, Car Emissions And Global Warming, Anselm: Basic Writings, John Berger / Ways Of Seeing, Universal Declaration Of Human Rights Education, David Sedaris Stories, Explain The Importance Of Reflective Practice, Social Science Research, Successful Academic Appeal Letter, Mikhail Bakunin Books, Maya Angelou Civil Rights, 500 Word Short Story, Best Dip Pens, Passchendaele Movie Cast, Writing Motivation For Students, 100gsm Paper Meaning, Pics Of White Boxer Dogs, Smart Kitchen Ppt, Theory And Practice Wine, Charles Taylor Net Worth, Newsela Landing Page, Banquo's Prophecy Quote, Importance Of Studying Ethics To A Student, Zero Hunger Essay, Journal Of Business Strategy, German Wow Phrases, Question About Apple Company, Ivy League Depression Rates, Mystery Words Game, Report About Work Experience Week, Expository Writing Prompts 9th Grade, Plantin Mt Std, Ethical Understanding In The Workplace, Conventions Of A Memoir, Gpa For Grad School Biology, Hamlet Soliloquy To Be Or Not To Be, How To Write A Book Title In An Essay Apa, How To Write A 250 Word Personal Statement, Child Development Articles, Composition Of Biodiversity, Army Accountability Formation Essay, How Many Words Should An Essay Be For High School, The Total Tragedy Of A Girl Named Hamlet Summary, Nurse Practitioner Bio Examples, 11+ Exam Questions, Importance Of Physics In Transportation, Identify Three Examples Of Dramatic Irony In Macbeth's Speeches To Banquo,