This rule requires the court to look to what the law was before the legislation was passed in order to discover what gap or mischief the legislation was intended to cover. Mischief rule is a principle used for the interpretation of a statute. The mischief rule is a rule of construction that judges can apply in statutory interpretation in order to discover parliaments intention. If you continue browsing the site, you agree to the use of cookies on this website. This rule gives the court justification for going behind the actual wording of the statute in order to consider the problem that the particular statute was aimed at. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. Statutory interpretation is the process by which courts interpret and apply legislation. Enrol and complete the course for a free statement of participation or digital. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. The interpretation is favoured that remedies the problem or mischief thus, no. Mischief rule of interpretation free download as word doc.
These rules will be discussed within the body of this essay. Interpretation, rules and principles of statutory oxford. Sometimes the words of a statute have a plain and a straightforward meaning. Critical analysis of the literal, golden and mischief rule.
Discuss the rules of statutary interpretation with the. Rule in heydons case law and legal definition heydon 1584 76 er 637, is a landmark english case that first used the mischief rule for interpretation of statutes. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. A tool for statutory interpretation words in their natural and ordinary sense. Presentation on the mischief rules of interpretation introductory speech. The main modules covered in interpretation of statutes. The mischief rule tells an interpreter to read a statute in light of the mischief or evilthe problem. The three main rules are the literal, golden and mischief rule the literal rule words in an act are given their literal, plain and ordinary meaning even if it leads to an absurdity. The principal rules of statutory interpretation are as follows. This rule gives a judge more discretion than either the literal or the golden rule.
Mischief rule law and legal definition uslegal, inc. The main advantage of the mischief rule is that it closes loopholes in the law and allows laws to develop. This principle was first applied in an english case in the early 16th century. The proper construction of a statute is a question of law.
In many of our present interpretive conflicts, the mischief rule offers useful guidance, for textualists and purposivists alike. Mischief rule heydons case when a question arises as to the interpretation to be put on an enactment, what the court is to do is to ascertain the intent of them that make it, and that must of course be gathered from the words actually used in the statute. Introduction to statutory interpretation law essays. Crane bank v uganda revenue authority hct 00 cc ca. If this leads to absurdity then the golden rule and finally the mischief rule may be used. The mischief rule is one of three rules of statutory interpretation traditionally applied by english. One can find in literature the following rules of the judicial interpretation of statutes. This rule now attained the status of classic is known as the mischief rule. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are. The prostitutes were soliciting from private premises in windows or on balconies so they could be seen by the public. According to this rule, while interpreting statutes, first the problem or mischief that the statute was designed to remedy should be identified and then a construction that.
Interpretation is the method by which the true sense or the meaning of the word is understood. There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. Pdf taming the unruly horse of rules of interpretation. The third basic rule of interpretation of statutes is the mischief rule of interpretation.
The paper is a critique of the golden rule of interpretation along with relevant case laws. The golden rule and the mischief rule both emerged over time,10 but it should not be forgotten that courts would only use these rules when the ordinary meaning. The court applied the mischief rule holding that the activities of the defendants were within the mischief the act was aimed at even though under a literal interpretation they would be in a. To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, how do courts interpret statutes. Mischief rule is an important rule in interpretation slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Mischief rule of interpretation statutory interpretation plain. It is an elementary principle of construction of statutes that the words have to be read in their literal sense. Literal rule the literal rule is a part of one of the statutory rules of interpretation.
Mischeif rule heydons case rule originated in in 16 th century in. Learn vocabulary, terms, and more with flashcards, games, and other study tools. This principle is used by the courts to determine the intention of the legislators. Heres an amazing pdf file containing the handwritten notes on the law subject interpretation of statutes. Rule in heydons case law and legal definition uslegal, inc. This is fifth lecture of our series on interpretation of statute given by yash sharma covering mischief rule in details with following topics. The essay will then move on to consider the three rules of language and the aids used alongside the rules in order to reach a conclusion to the. The rules of interpretation essay sauce free essay. Ppt statutory interpretation powerpoint presentation. Three rules had been developed accordingly to provide a framework of interpretation.
I have provided leading case laws and included definition, merits, demerits and application of the rule in my said paper. In applying the rule, the court is essentially asking the question. Pdf interpretation of statutes handwritten notes for law. Statutory interpretation richard o neill university of hertfordshire legislation and common law parliamentary sovereignty parliamentary sovereignty parliamentary. Originating from a 16th century case in the united kingdom, its main aim is to determine the mischief and defect that the statute in question has set out to remedy. Some amount of interpretation is often necessary when a case involves a statute. They use the oxford english dictionary to make sure they have the correct meaning. The mischief rule legal definition of the mischief rule. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning.
The mischief rule statutory interpretation virtue scribd. The interpretation of laws is confined to courts of law. Heydons case 1584 76 er 637 is considered a landmark case as it was the first case to use what would come to be called the mischief rule for statutory interpretation. The interpretation is favoured that remedies the problem or mischief. Hi guys this is the second vedio in the series of interpretation of statutes and it covers the mischeif rule of interpretation. The meaning of an ordinary word of the english language is not a question of law. The mischief rule of statutory interpretation flashcards. A free powerpoint ppt presentation displayed as a flash slide show on id. This rule gives the court justification for going behind the actual wording of the statute in order to consider the problem that the particular statute was aimed at remedying. According to counsel for the appellant, using the literal rule only for the word farming would cause an absurdity as it restricts the definitions in the ita, and defeats the purpose for which the section was inserted.
Given that the interpretation of the statutes of the parliament is the absolute prerogative of the judges it is them who select what rule of interpretation is used. There is also the purposive approach to the interpretation of statutes. The object of all such rules or principles is to ascertain the true intent, meaning and spirit of every statute. Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. At one level it is clearly the most flexible rule of interpretation, but it is limited to. Nor is it denied that the broad purpose of the relevant legislative body or legislator in the case of regulations or rules made by a functionary is highly relevant to the process of interpretation, as is the mischief at which the legislation is aimed.
In applying the mischief rule, the court is essentially asking what part of the law, did the law not cover, but was meant to be rectified by the parliament in passing the bill. The mischief rule raises fundamental questions about the relationship of text and context, about the construction of ambiguity, and about legal interpretation when we are no longer in the age of statutes. Mischief rule of statutory interpretation academike. Golden rule it is a compromise between the plain meaning or literal rule and the mischief rule. Pdf presentation on the mischief rules of interpretation. These notes are to the point and will provide you an excellent overview of the key topics of interpretation of statutes. The mischief rule raises fundamental questions about the relationship of text and context, about the construction of ambiguity, and about legal interpretation when we are no longer in the age of. The mischief rule tells an interpreter to read a statute in light of the. The mischief rule is of narrower application than the golden rule or the plain meaning rule, in that it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common law. The mischief rule free download as powerpoint presentation.
Subscribe to this free journal for more curated articles on this topic. The mischief rule was used to interpret that the statute of 1861 was trying to combat backstreet abortions and therefore nurses fall within the 1967 abortion act. The golden rule of statutory interpretation, according to which the courts beginand wherever reasonably possible endwith the plain meaning of the words of the statute, has always been subject to a range of acknowledged exceptions. The intention of this rule is to make such an interpretation as shall suppress that mischief and advance the remedy. These rules each take different approaches to interpretation of a statute. Presentation on the mischief rules of interpretation.
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