The golden rule is a principle of legal interpretation that applies to the interpretation of statutes. It is not a separate law in itself, but rather a tool used by courts to help them interpret the meaning of a statute.
The golden rule is used when the literal interpretation of a statute would lead to an absurd or unreasonable result, or when it is clear that the literal meaning of a word or phrase in the statute does not reflect the intention of the legislature. In such cases, the court will apply the golden rule to interpret the statute in a way that gives effect to its underlying purpose and avoids an unreasonable outcome.
The golden rule is a flexible principle of legal interpretation, and its application depends on the particular circumstances of the case.
Two Types of the Golden Rule
- The narrow application of the golden rule involves interpreting a word or phrase in a statute in a way that departs from its literal meaning if the literal meaning would lead to an absurdity.
- The wide application of the golden rule involves interpreting the entire statute in a way that departs from its literal meaning if the literal meaning would lead to an absurd or unjust result. This means that the court will consider the purpose and policy of the statute, as well as the context in which it was enacted, in order to give effect to its underlying intention.
The golden rule is a secondary rule of interpretation, and it is only used when the literal meaning of a statute leads to an absurd or unreasonable result. In general, the court will start with the literal meaning of the words in the statute and only depart from this meaning if it is necessary to achieve a more reasonable interpretation.