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The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. However, according to Francis Bennion, author of texts on statutory interpretation, [8] there are no such simple devices to elucidate complex statutes, "[i]nstead there are a thousand and one interpretative criteria ...
The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...
Heydon's Case (1584) 76 ER 637 is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation.The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
Courts in the United States and elsewhere have developed a number of principles for handling such evidence of legislative intent. For example, many courts have suggested that the comments of those opposing a bill under consideration should be treated with skepticism on the principle that opponents of a bill may often exaggerate its practical consequences.
Statutory interpretation; Ultra vires. Judicial activism; Judicial discretion; Judicial restraint; General rules of interpretation; Golden rule; Interpretation Act; Justiciability; Letter and spirit of the law; Mischief rule; Nondelegation doctrine; Plain meaning rule; Precedent; Reasonableness; Rule according to higher law; Separation of ...
Golden rule (law) • Literal rule • Mischief rule • Purposive approach; Legal abuse; Legal fiction; Legal opportunism; Legal technicality; Original intent • Original meaning • Textualism; Statutory interpretation § Meaning; The Spirit of Law, the 1748 political theory treatise by Montesquieu; United States v. Kirby; Language. Sense ...
Statutory interpretation; Ultra vires. Judicial activism; Judicial discretion; Judicial restraint; General rules of interpretation; Adversarial system; Conflict of laws. Lex loci; Golden rule; Hard law; Inquisitorial system; International litigation; Interpretation Act; Justiciability; Letter and spirit of the law; Mischief rule; Nondelegation ...