Mischief rule of interpretation of statutes pdf file

Pdf taming the unruly horse of rules of interpretation. Purposive interpretation is exercised when the courts utilize extraneous materials from the preenactment phase of legislation, including early. The interpretation of statutes hc 256 created date. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. The rules of interpretation law essays essay sauce. While interpreting a statute attempt should be made to suppress the mischief and advance the justice. 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 tempting to assume that the process of statutory interpretation simply. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Pdf interpretation of statutes handwritten notes for law. This third rule gives a judge more discretion than either the literal or the golden rule. It is tempting to assume that the process of statutory interpretation simply requires the. The normal way of interpreting or construing a statute is to seek the intention of legislature.

Then the court will turn to secondary aids of interpretation to find the intention of the legislature eg. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. This is also known as the golden rule of interpretation. 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.

Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. The law commission and the scottish law commission aws. Interpretation of statutes download ebook pdf, epub. Interpretation sections found within many statutes the definition of terms implied by the rest of the act the context rule. The rules of statutory interpretation linkedin slideshare. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. Meaning and scope of statute b meaning, objects and scope of interpretation and construction. Discuss the rules of statutary interpretation with the. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. Pdf the duty of courts is to interpret laws to give effect to the intention of the parliament. 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 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. A statute can be interpreted by using the golden rule, the mischief rule or the literal rule. This principle was first applied in an english case in the early 16th century.

Interpretation of statutes basic knowledge llb notes. Like the plain meaning rule, it gives the words of a. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. Purposive interpretation was introduced as a form of replacement for the mischief rule, the plain meaning rule and the golden rule to determine cases. It is known as heydons rule because it was given by lord poke in heydons case in 1584. There is a tremendous output of federal, state and territory legislation. The mischief rule the mischief rule of interpretation originated in heydons case. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. If the court is following the mischief rule and openly considers the question why the act was passed. 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. Golden rule it is a compromise between the plain meaning or literal rule and the mischief rule.

The purposive construction rule highlights that you should shift. The interpretation of written documents, whether statutes, contracts, or. It is called as mischief rule because the focus is on curing the mischief. The other two are the plain meaning rule and the golden. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. The mischief rule tells an interpreter to read a statute in light of the.

There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. There is also the purposive approach to the interpretation of statutes. 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. 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. The supreme court doctrine in the interpretation and. The paper is to equip the students with various tools of interpretation of statutes. These notes are to the point and will provide you an excellent overview of the key topics of interpretation of statutes. 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. Introduction to statutory interpretation law essays. If there are two interpretations possible for the material words of a statute. Rules of interpretation of tax statutes p a g e 6 49 introduction 1.

Some judges also feel that their role is to fill the. Factors which have influenced the shift in the mode of statutory interpretation are. 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. Purpose rule an approach to statutory construction where a particular provision is.

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 case of adler v george 1964 is a classic example of the courts applying the golden rule. These rules each take different approaches to interpretation of a statute. Top 20 landmark judgements of interpretation of statute. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act.

The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. 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. Mischief rule of statutory interpretation academike. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. This article focuses on the rules to be kept in mind while using it. Heres an amazing pdf file containing the handwritten notes on the law subject 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. This principle is used by the courts to determine the intention of the legislators. Mischief rule of statutory interpretation academike lawctopus. It is an accepted fact that words have no proper or specific meaning until they are put into a context of situation.

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. 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. Interpretation of statutes pdf notes, ebook for law llb. However, in many an acts, definition clause is inserted to mean a word or expression. 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. This rule is the most widely used rule of interpretation for the statutes to ascertain the legislative intention behind the framing of the enactment. What was the common law before the making of the act. What was the mischief and defect for which the common law did not provide. Some judges prefer one rule, while other judges prefer another.

The interpretation is favoured that remedies the problem or mischief thus, no. Mischief rule law and legal definition uslegal, inc. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. 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. Where in a case the appellant filed a complaint against the respondent. Mischief rule is a principle used for the interpretation of a statute. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. The mischief rule of statutory interpretation is the oldest of the rules. 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. 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.