Mischief rule of interpretation of statutes pdf file

Introduction to statutory interpretation law essays. Golden rule it is a compromise between the plain meaning or literal rule and the mischief rule. Factors which have influenced the shift in the mode of statutory interpretation are. The mischief rule of statutory interpretation is the oldest of the rules. This principle is used by the courts to determine the intention of the legislators. There is also the purposive approach to the interpretation of statutes.

T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. This rule is the most widely used rule of interpretation for the statutes to ascertain the legislative intention behind the framing of the enactment. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. 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. Pdf taming the unruly horse of rules of interpretation. Pdf the duty of courts is to interpret laws to give effect to the intention of the parliament. If there are two interpretations possible for the material words of a statute. The rule governs and regulates the meaning of the law in as much as the rule provides that the meaning has to be ascertained from the text of the law itself.

It is extremely important and infact necessary also that the courts interpret the law in such a manner that. Where in a case the appellant filed a complaint against the respondent. There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. What was the mischief and defect for which the common law did not provide. Then the court will turn to secondary aids of interpretation to find the intention of the legislature eg. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner.

Mischief rule of statutory interpretation academike lawctopus. 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. Some judges also feel that their role is to fill the. Top 20 landmark judgements of interpretation of statute.

Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. Purposive interpretation is exercised when the courts utilize extraneous materials from the preenactment phase of legislation, including early. 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 notes are to the point and will provide you an excellent overview of the key topics of interpretation of statutes.

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. Mischief rule was originated in heydons case in 1584. Mischief rule law and legal definition uslegal, inc. 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. It is an accepted fact that words have no proper or specific meaning until they are put into a context of situation. Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. It is known as heydons rule because it was given by lord poke in heydons case in 1584.

Mischief rule a rule requiring the construction of an ambiguous word or phrase in a statute in the light of the mischief or defect in the existing law which the statute was intended to remedy. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. 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. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. It is tempting to assume that the process of statutory interpretation simply requires the. The purposive construction rule highlights that you should shift. These rules each take different approaches to interpretation of a statute. Discuss the rules of statutary interpretation with the.

Some judges prefer one rule, while other judges prefer another. Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. This third rule gives a judge more discretion than either the literal or the golden rule. Interpretation sections found within many statutes the definition of terms implied by the rest of the act the context rule. The law commission and the scottish law commission aws. Secondly, the growth in the size and importance of the laws made by and under parliament has also led to changes in the rules applicable in australia to the performance of statutory construction. 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. Interpretation of statutes pdf notes, ebook for law llb. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. The interpretation of statutes hc 256 created date.

Meaning and scope of statute b meaning, objects and scope of interpretation and construction. The interpretation of written documents, whether statutes, contracts, or. 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. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. Like the plain meaning rule, it gives the words of a. The interpretation is favoured that remedies the problem or mischief thus, no. It is tempting to assume that the process of statutory interpretation simply. The mischief rule the mischief rule of interpretation originated in heydons case. Mischief rule of statutory interpretation academike. This is also known as the golden rule of interpretation.

A statute can be interpreted by using the golden rule, the mischief rule or the literal rule. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. The rules of statutory interpretation linkedin slideshare. The other two are the plain meaning rule and the golden. Interpretation of statutes basic knowledge llb notes. 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.

There is a tremendous output of federal, state and territory legislation. The case of adler v george 1964 is a classic example of the courts applying the golden rule. Purposive interpretation was introduced as a form of replacement for the mischief rule, the plain meaning rule and the golden rule to determine cases. However, in many an acts, definition clause is inserted to mean a word or expression. 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. The rules of interpretation law essays essay sauce. The mischief rule tells an interpreter to read a statute in light of the. Mischief rule is a principle used for the interpretation of a statute. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Pdf interpretation of statutes handwritten notes for law. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. It is called as mischief rule because the focus is on curing the mischief.

The normal way of interpreting or construing a statute is to seek the intention of legislature. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. The supreme court doctrine in the interpretation and. Originally published in 1922, this book examines legal statutes and their interpretation in english courts during the reigns of edward i, edward ii and edward iii distinguished legal historian.

Purpose rule an approach to statutory construction where a particular provision is. The main modules covered in interpretation of statutes handwritten notes are. This article focuses on the rules to be kept in mind while using it. Interpretation of statutes download ebook pdf, epub. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. Heres an amazing pdf file containing the handwritten notes on the law subject interpretation of statutes. This principle was first applied in an english case in the early 16th century. If the court is following the mischief rule and openly considers the question why the act was passed. The paper is to equip the students with various tools of interpretation of statutes. 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. Rules of interpretation rule of literal interpretation the mischief rule golden rule of interpretation rule of harmonious construction there are certain general principles of interpretation which have been applied by courts from time to time.