Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance. The mischief rule is a useful rule to use to avoid manifest absurdity or repugnance arising out of the rigid adherence to the literal rule of interpretation. The literal rule takes precedence over the others and states that the words in the statute must be interpreted to mean exactly what they say, however absurd or unfair the. Statutory interpretation in administrative law quimbee. Download file to see previous pages mischief rule of statutory interpretation gives authority to the judge to interpret the law by bearing in mind the common law before passing of the rule. Examine a few recent cases and you will find not a principle nothing so definite as thatbut anapproach,a certain attitude towards the words of a statute. The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice. Mischief rule law and legal definition uslegal, inc. Another goal is to adapt and develop existing computational resources for conflicts in legal argumentation where one interpretation of a statutory text is pitted against another. Section 17a of the interpretation acts states that in the interpretation of a provision of an act, a construction that would promote the purpose or object underlying the act shall be preferred to a construction that would not promote that purpose or object. Lord woolf an offender who doesnt pose a significant risk to the public is an exceptional circumstance and therefore should allow the court to impose a lesser sentence other than the mandatory life sentence for a second serious offence. Statutory interpretation in the us is pretty complicated, and involves a number of inquiries that are often at odds with each other. The modern approach includes reference to the mischief rule as part of determining the purpose of the legislation.
The mischief rule gives the most discretion to judges and is suited to specific, often ambiguous cases. Introduction to australian legal history tutorials. In applying the rule, the court is essentially asking what the mischief was that the previous law did not cover, which parliament was. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Mischief rule hangman find cases decided under the mischief rule of statutory interpretation. The interpretation is favoured that remedies the problem or mischief thus, no dogs allowed would not necessarily exclude guide dogs. The prostitutes were soliciting from private premises in windows oron balconies so could be seen by the public. Try the word search on the mischief rule of statutory interpretation. Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. This category has the following 6 subcategories, out of 6 total. What was the mischief and defect for which the common law did not provide. Demonstrate understanding of the cases in relationto the rules. Mischief rule lesson powerpoint linkedin slideshare. First of all, i will have a closer look at the three most important rules.
Back to lecture outline on the mischief rule of statutory interpretation. This category includes united states case law interpreting important statutes or setting precedents for the manner in which courts are to interpret statutes subcategories. The mischief rule legal definition of the mischief rule. Mischief rule of statutory interpretation word search. Administrative agencies often interpret statutes during the course of administering the law. The task of judges is mainly to interpret statutory provisions and give effect to the intention of the statute and essence of law. The rule is contained in heydons case 1584, where it was said that for the true interpretation of a statute, four things have to be considered. Mischief rule is an important rule in interpretation. This principle is used by the courts to determine the intention of the legislators. The rule was first laid out in a 16thcentury ruling of the barons of the exchequer court in heydons case 16 which have been continually cited with approval and. As explained below, the mischief rule enables the court to adopt a statutory construction that conflicts with the statutes apparent plain meaningwhile still claiming. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular.
The original formulation of the rule in heydons case 1584 76 er 637 included 4 questions the court should ask. Lawstatutory interpretation online flashcards by user 1 brainscape. Interpretation sections found within many statutes the definition of terms implied by the rest of the act the context rule. Statutory interpretation as a common law process 3 you frequently. The main aim of the rule is to determine the mischief and defect that the statute in question has set out to remedy, and what ruling would suppress the mischief, and advance the remedy. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on. Learn faster with brainscape on your web, iphone, or android device. Find case names and words relating to the mischief rule. Lord diplock in the duport steel v sirs case 1980 defined the rule.
The mischief rule was developed when acts were a minor source of law. Mischief rule is a principle used for the interpretation of a statute. The mischief rule, the most firmly established rule for construing an obscure enactment is another rule of statutory interpretation traditionally applied by english courts. The other two are the plain meaning rule also known as the literal rule and the golden rule. The defendants were prostitutes who had been charged under thestreet offences act 1959 which made it an offence to solicit in a publicplace. The th and 14 th centuries in the time of edward i 12727, statutes came into existence in several ways. Pdf taming the unruly horse of rules of interpretation. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. The mischief rule is contained in heydons case 1584 3 co rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The mischief rule is one of three rules of statutory interpretation. In this case the house of lords had to decide if it was legal for nurses to administer hormones to induce abortions. Posted april 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally this case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in realworld situations. Law hangman on the mischief rule of statutory interpretation.
It must thus be declared unconstitutional and invalid, and be set aside. The rule is based on the heydons case 1584 very old. Mills v meeking and the mischief rule rhyss statutory. Discuss the rules of statutary interpretation with the. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. This paper proposes an argumentationbased procedure for legal interpretation, by. This rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover.
These rules for examining the wording of the particular statue and the most common approach of interpretation are known as the literal rule, golden rule and mischief rule. That ambiguity arises frequently from the use of general words. There is also the purposive approach to the interpretation of statutes. The advantages of the mischief rule are that it promotes the purpose of the acts, as it allows judges to look at the old acts to see what gap the new acts filled in. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. Study laura savio s statutory interpretation flashcards now. The court applied the mischief rule holding that the. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts. Interpreting and applying legislation law general essay.
What are the best articles, books, and cases that discuss. Mischief rule of statutory interpretation elaw resources. The mischief rule of statutory interpretation is the oldest of the rules. Statutory interpretation the 4 rules by iain hammett on. Introduction to business law essay example topics and. Introduction statutory interpretation is the process of interpreting and applying. This principle was first applied in an english case in the early 16th century. Here judges rely on the exact wording of the statute for the case. Is is applied in cases where ambiguity occurs in the law. The court had to decide if the word prostitution was a word that could only. Heydons case 1584 first set out mischief rule, what was the old law before the act was passed. Theory and practice, constitutes a complete treatment of statutory interpretation. Sixth circuit uses erisa dispute to debate corpus linguistics. Statutory interpretation online flashcards by laura.
Free study resources for law students aqa a level including cases, analysis and links on the english legal system. The way in which the mischief rule can produce more sensible outcomes than those that would result if the literal rule were applied is illustrated by the ruling in smith v hughes 1960 2 all e. Under the street offences act 1959, it was a crime for prostitutes to loiter or solicit in the street for the purposes of prostitution. Mischief rule of interpretation statutory interpretation plain. The golden rule under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. I have just posted a new draft paper that discusses yates, bond, zarda and other cases. Firm proposals for new law following the consultation stage via green papers r v offen. Study flashcards on statutory interpretation common law at. Rook closer and,you will see that there is not one single approach, but three. Section 17a of the interpretation acts states that in the interpretation of a provision of an act, a construction that would promote the purpose or object underlying the act shall be preferred to a construction that would not promote that. Kalt the doctrine of stare decisis, assuming that you see it as a policy choice rather than a constitutional requirement, rests on two foundations. The mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover parliaments intention. The mischief rule includes the application of external aids, ie the law prior to the problem in question, defects in the law and the mischief that was intended to be addressed by the legislation, the new c remedies proposed and the reasons for such remedies. Apply the mischief rule to various sources andengage in discussion.
This third rule gives a judge more discretion than either the literal or the golden rule. The mischief rule was only used when the literal rule created an ambiguity or absurdity. Oct 21, 2010 the task of judges is mainly to interpret statutory provisions and give effect to the intention of the statute and essence of law. The supreme court doctrine in the interpretation and. The requirement that a court look to the purpose or object of the act is thus more than instruction to adopt the traditional mischief or purpose rule in preference to the literal rule of construction, the mischief or purpose rule required an ambiguity or inconsistency before a court could have regard to the purpose. The books situate rules of interpretation in the context of interpretive theory and use cases in an innovative way, relying on highly politicized cases in. Introduction to australian legal history tutorials development of principles of statutory interpretation 1 october 20.
Mischief rule of statutory interpretation academike. The court had to decide if the word prostitution was a. This approach usually involves a rule of interpretation called the mischief rule. Close knowledge genome tm brainscape certified browse over 1 million classes created by top students, professors, publishers, and experts, spanning the worlds body of learnable. The mischief rule is applied to find out what parliament meant.
Audio podcast on mischief rule and statutory interpretation. Macagno, artificial intelligence and law, 241, 2016, 5191. How can the court interpret the legislation so as to correct the mischief or defect according to the true intent of the parliament. The books situate rules of interpretation in the context of interpretive theory and use cases in an innovative way, relying on highly politicized cases in order to. What remedy did parliament establish under the act to correct the mischief or defect. Lawstatutory interpretation online flashcards by user 1. Mischief rule advantages and disadvantages flashcards quizlet. What was the mischief and defect that the law did not provide for. It is an accepted fact that words have no proper or specific meaning until they are put into a context of situation. Mischief rule advantages and disadvantages flashcards. Factors which have influenced the shift in the mode of statutory interpretation are.
State the circumstances when these rules are applied by the courts. Thus this rule aims to understand the defect and also to provide solutions which would correct the situation if implemented. The case of adler v george 1964 is a classic example of the courts applying the golden rule. Interpretation not just reading not mechanical cant be put into categories not rule bound. 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 private place. Demonstrate understanding of the literal, goldenand mischief rule.
The law commission prefers the mischief rule and since 1969 recommended that. The law commission prefers the mischief rule and since 1969 recommended that it should be the only rule used in statutory interpretation. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy. Statutory interpretation picture box guess the cases relating to statutory. The human rights act 1997 provides a new canon of statutory interpretation that acts are, where possible, to be interpreted so as to comply with the european convention on human rights. May 19, 2012 audio podcast on mischief rule and statutory interpretation. Cases, rules, advantages and disadvantages, and more. What was the common law before the making of the act.
Found that most cases fell into one of 3 categories. It is particularly relevant as it enables the court to apply the principles of justice, equity and good conscience in realising the objectives of the legislation in question in casu the. Smith v hughes prostitutes calling to men from balcony, before act prostitutes were free to solicit in the streets. Seventh circuit uses methodological stare decisis to reverse substantive precedent. What was the mischief and defect for which the common law did not. It is called the mischief rule, and in my view it poses challenging questions for statutory interpretation. Explain literal rule, mischief rule aka rule in haydons case, golden rule, rule of harmonious construction, nosciur a sociis, ejusdem generis, reddendo singul singuis. The rule allows statutes to be refined and developed. Cases, text and materials, along with its companion, statutory interpretation.189 1061 943 1508 677 954 1403 982 108 585 1023 436 89 551 1473 468 930 72 1081 1062 650 1203 383 747 1360 467 410 1165 909 1230 1351 43 804 18 846 440 897 1038 640 367 1215 267