The 'golden rule' is an extension of the literal rule. It provides that words in a statute are to be given their ordinary meaning unless that interpretation should lead to some absurd result.
The plain meaning says that if the meaning of a legislative text is plain, the court may not interpret it but must simply apply it as written. The court may to resort to the rules and techniques of interpretation only if the text is ambiguous.
The mischief or purpose rule required an ambiguity or inconsistency before a court could have regard to purpose. The approach required by s 35 needs no ambiguity or inconsistency; it allows a court to consider the purposes of an Act in determining whether there is more than one possible construction.
The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. However, this infringes the separation of powers. The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases.
ethical precept. Last Updated: Jun 26, 2023 • Article History. Golden Rule, precept in the Gospel of Matthew (7:12): “In everything, do to others what you would have them do to you. . . .” This rule of conduct is a summary of the Christian's duty to his neighbour and states a fundamental ethical principle.
Specifically, this includes the positive formulation of the rule (treat others the same way you would want to be treated yourself), the negative formulation (don't treat others in ways you wouldn't want to be treated yourself), and the empathic formulation (when you wish something upon others, you also wish it upon ...
All three of these elements of respectful engagement—civility, the common good, and curiosity—draw from the Golden Rule: to treat someone as you would like to be treated.
The Golden Rule is a moral which says treat others how you would want to be treated. This moral in various forms has been used as a basis for society in many cultures and civilizations. It is called the 'golden' rule because there is value in having this kind of respect and caring attitude for one another.
The golden rule is a deviation from the literal rule. It is used to modify the meaning of the absurd term to give it a useful and apt meaning to suit the context.
Mischief Rule: This rule required the courts to interpret legislation in a manner consistent with its purpose: the "mischief" it was intended to remedy.
The rules of evidence
The laws of evidence prescribe standards to which a fact must be proved: in civil proceedings, facts must be proved on the balance of probabilities; and. in criminal proceedings, facts must be proved beyond reasonable doubt.
The rule of law underpins the way Australian society is governed. Everyone – including citizens and the government – is bound by and entitled to the benefit of laws.
White Australia policy, formally Immigration Restriction Act of 1901, in Australian history, fundamental legislation of the new Commonwealth of Australia that effectively stopped all non-European immigration into the country and that contributed to the development of a racially insulated white society.
The Australian Constitution is the set of rules by which Australia is governed. Australians voted for the Constitution in a series of referendums. The Constitution establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has.
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.
The golden rule is best interpreted as saying: “Treat others only as you consent to being treated in the same situation.” To apply it, you'd imagine yourself on the receiving end of the action in the exact place of the other person (which includes having the other person's likes and dislikes).
Importance of Following the Golden Rule
It instructs us to put ourselves in our neighbor's place, and guide our behavior accordingly. It assumes, of course, that when we put ourselves in our neighbor's place, we are wise enough not to make any foolish wishes and good enough not to make any evil ones.
To bring about uniformity and to account for the transactions correctly there are three Golden Rules of Accounting. These rules form the very basis of passing journal entries which in turn form the basis of accounting and bookkeeping.
Example Sentences
I try to live by the Golden Rule. The golden rule in sales is to know your customer.
There are two main sources of law in Australia, case law or common law, based on the decisions of judges in the superior courts, and legislation, the law made by Parliament.
There are four Rules of Evidence; Validity, Sufficiency, Authenticity and Currency.
The common law jurisdictions of Australia are New South Wales, South Australia and Victoria; the code jurisdictions are the Australian Capital Territory, the Northern Territory, Queensland, Tasmania, and Western Australia.
Common law is separate from statute law and does not rely on there being any Act of Parliament underpinning it. While statute law is the main source of law in Australia, the common law remains a vital and developing part of our legal system. Statute law always prevails over common law if there is a conflict.