golden rule

golden rule. The principle that, in construing written instruments, a court should adhere to the grammatical and ordinary sense of the words unless that adherence would lead to some manifest absurdity; esp., in statutory construction, the principle that if a statute’s literal meaning would lead to an absurd or unjust result, or even to an inconsistency within the statute itself, the statute should be interpreted in a way that avoids such a result or in-consistency.

— Also termed Baron Parke’s rule. Cf. ABSURDITY; MISCHIEF RULE ; PLAIN-MEANING RULE; EQUITY-OF-THE-STATUTE RULE. [Cases: Statutes 181(2), 189. C.J.S. Statutes §§ 318, 324.]

“[T]he ‘golden’ rule … allows for a departure from the literal rule when the application of the statutory words in the ordinary sense would be repugnant to or inconsistent with some other provision in the statute or even when it would lead to what the court considers to be an absurdity. The usual consequence of applying the golden rule is that words which are in the statute are ignored or words which are not there are read in. The scope of the golden rule is debatable, particularly so far as the meaning of an ‘absurdity’ is concerned.” Rupert Cross, Statutory In-terpretation 14 (1976).

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词条贡献者

译员李明，毕业于英国顶尖的高级翻译学院，专注翻译各种与调查和白领犯罪辩护有关的法律文件。