Traditional rule of statutory interpretation in English law
Judicial interpretation
Forms
Constitutional interpretation
Statutory interpretation
General rules of interpretation
Plain meaning rule
Mischief rule
Golden rule
General theories of interpretation
Living Constitution / Living tree / Living instrument
Originalism (original meaning)
Original intent (legislative intent, legislative history)
Strict constructionism
Textualism
Purposive approach
Common good constitutionalism
Legal realism
Legal process
Legal formalism
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The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts.[1] The other two are the "mischief rule" and the "golden rule".
The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues.[2] Additionally, it is the mechanism that underlies textualism and, to a certain extent, originalism.
^"The notion has long prevailed that three different rules or approaches may be employed in ascertaining the meaning of a statute. First, there is said to be the "purpose" approach or "mischief rule"....Then there is said to be the "literal" approach or "plain meaning" rule....Finally there is what is called the "golden rule".... Source: Elmer Driedger, Construction of Statutes. Toronto: Butterworths, 1983, p. 1.
^"Plain Meaning Rule Law & Legal Definition". Definitions.uslegal.com. Retrieved 1 April 2016.
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The plainmeaningrule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other...
mischief rule is one of three rules of statutory interpretation traditionally applied by English courts, the other two being the "plainmeaningrule" (also...
derivation of mischief rule set in Heydon's Case, and intended to replace the mischief rule, the plainmeaningrule and the golden rule. Purposive interpretation...
involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words...
interpreted in accord with its original meaning and his view that statutes should be read in accord with their plainmeaning. In A Matter of Interpretation, Scalia...
fairly means." Similarly, textualism should not be confused with the "plainmeaning" approach, a simpler theory used prominently by the Burger Court in...
intent or original meaning. The divisions between the theories relate to what exactly that identifiable original intent or original meaning is: the intentions...
be ambiguous; for example, the term judicial conservatism can vary in meaning depending on what is trying to be "conserved". One can look at judicial...
in which American courts have interpreted statutes contrary to their plainmeaning in order to avoid absurd legal conclusions. It has been described as...
sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually...
originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Original intent...
statutory purpose or legislative intent and apply rules of statutory construction like the plainmeaningrule to reach decisions. As the United States Supreme...
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires that when a law is unclear...
apply to deemed universities, which is seen as a departure from the plainmeaningrule of interpreting criminal law. Lekhi also appeared for the Central...
pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said...
(citing Taylor v. Taylor, 10 Minn. 107 (1865))). Examples include the "plainmeaningrule," Pollock v. Farmers' Loan & Trust Co., 158 U.S. 601, 619 (1895) ("The...
Vietnam under Chinese rule or Bắc thuộc (北屬, lit. "belonging to the north") (111 BC–939, 1407–1428) refers to four historical periods when several portions...
Amendment never became law. But if it had done so, then, under the plainmeaningrule, it would have made slavery immune to the constitutional amendment...
"The exception that proves the rule" is a saying whose meaning is contested. Henry Watson Fowler's Modern English Usage identifies five ways in which...
Golden Rule is the principle of treating others as one would want to be treated by them. It is sometimes called an ethics of reciprocity, meaning that you...
the European Court of Human Rights". Judicial Activism and the Democratic Rule of Law: Selected Case Studies. Springer International Publishing. pp. 191–231...
the facts of the case constituted an "absurdity exception" to the PlainMeaningRule, which Gorsuch relied upon in his dissent. Franken went on to say...
asserts that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself". Vermeule describes it as...
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