The mischief rule of statutory interpretation is the oldest of the rules. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. Legislative text must be read according to the principles and rules as decided upon by the judges and the statute itself.
The mischief parliament had been trying to remedy was the practice of dangerous abortions. However, in many an acts, definition clause is inserted to mean a word or expression. Introduction statutory interpretation is the process of interpreting and applying legislation to decide cases. Doc the mischief rule and the purposive approach lucy. The interpretation of laws is confined to courts of law. Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws.
The paper is to equip the students with various tools of interpretation of statutes. Discuss the rules of statutary interpretation with the. The rule is an old rule, based on the heydons case 1584 in which four points to be considered when interpreting a. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. Interpretation of statutes is a craft rather than a science. Factors which have influenced the shift in the mode of statutory interpretation are. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. Literal rule of interpretation is the primary rule. Mischief rule was originated in heydons case in 1584.
Statutory interpretation advantages and disadvantages. The mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover parliaments intention. Mar 21, 2016 this rule means that in the interpretation of statute, the court should determine the mischief which the legislature intended to correct in the legislation by going into a voyage of discovery to determine the history of the legislation. 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 effectively implement this. Court looks at gap in the law that parliament had passed the act to fill and then interprets the act fill that gap and remedy the mischief. Rule of beneficial construction or heydons rule or mischief rule. The paper is a critique of the golden rule of interpretation along with relevant case laws. Some judges also feel that their role is to fill the. Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project consultation. Mar 06, 2018 hi guys this is the second vedio in the series of interpretation of statutes and it covers the mischeif rule of interpretation. Hi guys this is the second vedio in the series of interpretation of statutes and it covers the mischeif rule of interpretation.
The mischief rule is one of three rules of statutory interpretation traditionally applied by english. The mischief rule is applied to find out what is the intention of law maker. 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 process of statute making and the process of interpretation of statutes are two distinct activities. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Jun, 2017 this is fifth lecture of our series on interpretation of statute given by yash sharma covering mischief rule in details with following topics. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. Explanations and provisos are inserted to expand or. The intention of this rule is to make such an interpretation as shall suppress that mischief and advance the remedy. 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. The normal way of interpreting or construing a statute is to seek the intention of legislature. This rule means that in the interpretation of statute, the court should determine the mischief which the legislature intended to correct in the legislation by going into a voyage of discovery to determine the history of the legislation. In the construction interpretation of statutes, the principle aim of the court must be to carry out the intention of parliament, and the english courts developed three main rules plus some minor ones to assist them in the task. Mischief rule of statutory interpretation academike.
This article focuses on the rules to be kept in mind while using it. 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. The meaning of an ordinary word of the english language is not a question of law. One of the reasons for the dismal state of statutory. Purposive interpretation was introduced as a form of replacement for the mischief rule, the plain meaning rule and the golden rule to determine cases.
The rule is contained in heydons case 1584 3 co rep 7a, where it was said that for the true interpretation of legislation, four things have to be considered. What was the mischief and defect for which the common law did not provide. Mischief rule is a principle used for the interpretation of a statute. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. New techniques meant it was now safe for a nurse to carry out the procedure. Legislative intent is determined by examining secondary sources, such as committee reports, treatises, law. Interpretation of statutes pdf notes, ebook for law llb. Could include discussing scope and terms of reference with lead government department preconsultation. 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. It can only rule on the legislation as it standseven if it is in the process of. Under the mischief rule the courts role is to suppress the. If the words of the statute are in themselves precise and unambiguous, then no more. Feb 12, 2012 literal rule of interpretation is the primary rule. They interpret the words of the statute in a way that is used commonly by all.
Mischief rule general principles of interpretation youtube. However, it should be noted hat not every legislation is made to correct a mischief. The mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense. If there are two interpretations possible for the material words of a statute, then for sure and true interpretation there are certain considerations in the form of questions. This rule requires the court to look to what the law was before the statute was. Here judges rely on the exact wording of the statute for the case.
What was the common law before the making of the act. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts. Jan, 2017 rule of beneficial construction or heydons rule or mischief rule. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. The mischief rule the mischief rule for interpreting statutes was laid down in heydons case in the sixteenth century and requires judges to consider three factors. The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice. The municipal committee, wardha, air 1958 sc 341 178 35. The third basic rule of interpretation of statutes is the mischief rule of interpretation. The mischief rule 1 is one of three rules of statutory construction traditionally applied by english courts. 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. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Originating from a 16thcentury case heydons 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, and what ruling would effectively implement.
State the circumstances when these rules are applied by the courts. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. Mischief rule law and legal definition uslegal, inc. This principle is used by the courts to determine the intention of the legislators. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. This principle was first applied in an english case in the early 16th century. In many of our present interpretive conflicts, the mischief rule offers useful guidance, for textualists and purposivists alike.
Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. This is fifth lecture of our series on interpretation of statute given by yash sharma covering mischief rule in details with following topics. Conclusion it would be idle to expect every statutory provision. It is called as mischief rule because the focus is on curing the mischief.
Mischeif rule heydons case rule originated in in 16 th century in. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. Function of interpretation rules for interpretation mischief rule purpose and object rule extrinsic material rule problems with the rules model for interpretation introduction there is a model for interpreting statutes that is based on a comprehensive analysis of the necessary process. 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. Feb 23, 2017 the intention of this rule is to make such an interpretation as shall suppress that mischief and advance the remedy. The rules as laid down in the heydons case 18 are that, for the sure and true interpretation of all statutes, be they penal or beneficial or restrictive or enlarging the common law, four things are to be discerned and. The mischief rule uses common law to determine how the statute is interpreted. Apr 01, 2017 the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention.
Purposive interpretation is exercised when the courts utilize extraneous materials from the preenactment phase of legislation, including early. Interpretation thus is a familiar process of considerable significance. The law commission and the scottish law commission aws. The proper construction of a statute is a question of law. If there are two interpretations possible for the material words of a statute. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Pdf taming the unruly horse of rules of interpretation. It is incumbent on the court to use the grammatical meaning. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at.
Interpretation and applicability heydons case the four rules garris v scott bengal immunity company v state of bihar state of karnataka v appu ingale cit mp and bhopal v sodra devi 3. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. 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. Some judges prefer one rule, while other judges prefer another.
T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Interpretation of statutes importance of the words and and or to ensure that justice is made available to all, the judicial system has been evolved in all nations. The rule allows statutes to be refined and developed. Likely to include consultation events and paper, making provisional proposals for comment policy development. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. At one level it is clearly the most flexible rule of interpretation, but it is limited to. The mischief rule free download as powerpoint presentation. Lord diplock in the duport steel v sirs case 1980 defined the rule. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. The interpretation of statutes is one of the most important subject usually taught in law. It is known as heydons rule because it was given by lord poke in heydons case in 1584. As stated by salmond, by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. 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.
The rule is an old rule, based on the heydons case 1584 in which four points to be considered when interpreting a statute. Mischief rule of statutory interpretation academike lawctopus. The mischief rule tells an interpreter to read a statute in light of the mischief or evilthe problem that led to the statute. Use of the mischief rule could lead to uncertainty in the law. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. It poses four questions that will help to establish the meaning of legislation. Interpretation is the method by which the true sense or the meaning of the word is understood.
It is impossible to predict when judges will use the rule and what the result of the interpretation will be. The mischief rule gives the most discretion to judges and is suited to specific, often ambiguous cases. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy. The other two are the plain meaning rule and the golden. So even though the act limits it to drs, they created a new permission for nurses to do it too.
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. For the sure and true interpretation of all statutes in general be they penal or beneficial, restrictive or. This rule now attained the status of classic is known as the mischief rule. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. Interpretation of statutes summary lectures 1 15 studocu. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. The mischief rule the mischief rule of interpretation originated in heydons case. These rules each take different approaches to interpretation of a statute.
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