Plain meaning rule

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.

  1. ^ "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.
  2. ^ "Plain Meaning Rule Law & Legal Definition". Definitions.uslegal.com. Retrieved 1 April 2016.

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