Mischief rule of interpretation of statutes pdf files

Pdf the duty of courts is to interpret laws to give effect to the intention of the parliament. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. 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. The court is then required to interpret the statute in such a way to ensure that the gap is covered. 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. Literal rule golden rule mischief rule literal interpretation of a statute is finding out the true sense by making the statute its own expositor.

Ranka, has authored articles on rules of interpretation of tax statutes in the bombay chartered accountants society journal bcaj. Hi guys this is the second vedio in the series of interpretation of statutes and it covers the mischeif rule of interpretation. 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. Purposive interpretation is exercised when the courts utilize extraneous materials from the preenactment phase of legislation, including early drafts, committee reports, etc. Rule of beneficial construction or heydons rule or mischief rule. The mischief rule is to be considered as one of the integral and indispensable rules as far as the interpretation of statute is concerned.

At one level it is clearly the most flexible rule of interpretation, but it is limited to using previous common law to determine what mischief the act in question was. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. Conclusion it would be idle to expect every statutory. The normal way of interpreting or construing a statute is to seek the intention of legislature. 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 acted upon 17. Literal rule under this rule words are given plain and ordinary meaning. The mischief rule uses common law to determine how the statute is interpreted.

The mischief rule of statutory interpretation is the oldest of the rules. When the literal rule is applied the words in a statute are given their ordinary, plain and dictionary meaning does not call for further interpretation of an act and directly honours the intentions. 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. Pdf taming the unruly horse of rules of interpretation. It can only rule on the legislation as it standseven if it is in the process of. The act is read by its plain meaning exactly as the words are written, the assumption being that parliament has said what it means.

Ambiguity in a statute defining a crime or imposing a penalty should be resolved in the defendants favor. Interpretation of statutes pdf notes, ebook for law llb. The rule is intended to rectify mischief in the statute and interpret the statute justly. What was the common law before the making of the act. What links here related changes upload file special pages permanent link page. Literal rule the literal rule is a part of one of the statutory rules of interpretation. The rules of statutory interpretation linkedin slideshare. It is known as heydons rule because it was given by lord poke in heydons case in 1584. Statutory interpretation juridical understanding of legislation statutory interpretation deals with the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. Literal rule and mischief rule interpretation legal desire. 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. The third basic rule of interpretation of statutes is the mischief rule of interpretation.

Judicial rules are used to read unclear statutes and declare the law. 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 common law jurisdictions, the judiciary may apply rules of statutory interpretation and use various tools and methods of statutory interpretation. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. Doc the literal, golden and mischief rule john homes. Ca kamal garg interpretation of statues meaning interpretation means. Mischief rule of statutory interpretation academike. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance. The intention of this rule is to make such an interpretation as shall suppress that mischief and advance the remedy.

The rule is an old rule, based on the heydons case 1584 in which four points to be considered when interpreting a statute. It is called as mischief rule because the focus is on curing the mischief. Interpretation of statutes is a craft rather than a science. Mischief rule is a principle used for the interpretation of a statute. He has been practicing advocate and a past president of aiftp. The paragraph of this case cited in this work is from pdf of the. Statutory interpretation advantages and disadvantages. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. This is fifth lecture of our series on interpretation of statute given by yash sharma covering mischief rule in details with following topics. 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 rules of interpretation law essays essay sauce. Some judges also feel that their role is to fill 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.

A statute creating a criminal offense whose elements are similar to those of a. Traditionally, the romandutch rules of statutory interpretation are based on a purpose orientated approach. 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. Some judges prefer one rule, while other judges prefer another. The law commission and the scottish law commission aws. Rules of interpretation of tax statutes p a g e 2 49 foreword dear member, senior advocate mr.

Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. 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. Use of the mischief rule could lead to uncertainty in the law. This principle was first applied in an english case in the early 16th century. 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. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. One can find in literature the following rules of the judicial interpretation of statutes.

Mischief rule was originated in heydons case in 1584. There is also the purposive approach to the interpretation of statutes. 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, and what ruling would effectively implement this remedy. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Mischief rule law and legal definition uslegal, inc.

Discuss the rules of statutary interpretation with the. The mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover parliaments intention. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. The paper is to equip the students with various tools of interpretation of statutes. 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. Interpretation of statutes basic knowledge llb notes. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Mischief rule of statutory interpretation academike lawctopus. It is impossible to predict when judges will use the rule and what the result of the interpretation will be. 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 municipal committee, wardha, air 1958 sc 341 178 35. Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention.

The rule developed in the early 19th century and has been the main rule applied ever since then. It is often referred to as the rule in heydons case. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy. This principle is used by the courts to determine the intention of the legislators. Rules of interpretation provide strong base for the super structure of judicial reasoning.

The mischief rule the mischief rule of interpretation originated in heydons case. In smith v hughes 1960, the defendants were charged under the street offences act 1959 with soliciting in. If there are two interpretations possible for the material words of a statute. Although legislature makes the statute, it may be open to interpretation and have ambiguities. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. This rule now attained the status of classic is known as the mischief rule. There are three major rules of interpretation of statutes. Give an example from case law to illustrate each of the rules. This rule is of narrower application than the golden rule or the plain meaning rule, in that it can. It is extremely important and infact necessary also that the courts interpret the law in such a manner that ensures access to justice to the maximum. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. These rules each take different approaches to interpretation of a statute. 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.