Mischief rule of interpretation of statutes pdf download

The mischief rule statutory interpretation virtue scribd. Rules of statutory interpretation linkedin slideshare. The rule allows statutes to be refined and developed. Statutory interpretation lecture notes law teacher. Feb 23, 2017 literal rule and mischief rule in interpretation.

I have shared brief and tothe point notes that will help you revise this. Interpretation of statutes summary lectures 1 15 studocu. Mischief rule is a principle used for the interpretation of a statute. 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. Learn vocabulary, terms, and more with flashcards, games, and other study tools. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. The rules of interpretation law essays essay sauce. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. What was the mischief and defect for which the common law did not provide. 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. Ppt statutory interpretation powerpoint presentation free. Golden rule it is a compromise between the plain meaning or literal rule and the mischief rule. A free powerpoint ppt presentation displayed as a flash slide show on id. The mischief rule is one of three rules of statutory interpretation traditionally applied by english.

Mischief rule the mischief rule is used by judges in statutory interpretation in order to discover legislatures intention. One can find in literature the following rules of the judicial interpretation of statutes. Jul 27, 2015 in 1978 parliament passed the interpretation act to set out general rules for courts to interpret acts. The general rule of the interpretation is that statutes must prima facie be given.

Nov 14, 2017 one can find in literature the following rules of the judicial interpretation of statutes. 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. Some amount of interpretation is often necessary when a case involves a statute. Ppt statutory interpretation powerpoint presentation. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. The golden rule of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. Powerpoint slide on interpretation of statutes compiled by cs ashima aneja. The mischief rule is applied to find out what is the intention of law maker. Statutory interpretation plain meaning rule statutory. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts. Mischief rule law and legal definition uslegal, inc.

A statute can be interpreted by using the golden rule, the mischief rule or the literal rule. Interpretation of statutes pdf notes, ebook for law llb. Interpretation of statutes is a craft rather than a science. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. This rule says when literal meaning cant be followed, then interpretation should be done in such a way that. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. 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. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. There are many socalled rules of construction that courts of law have resorted to in their interpretation of statutes but the paramount rule remains that every statute is to be expounded according to its manifest and expressed intention.

Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. It is a compromise between the plain meaning or literal rule and the mischief rule. Jun 09, 2018 this video contains jurisprudence, interpretation and general laws interpretation of statutes part1 of cs executive new syllabus 2018. Literal rule the literal rule is a part of one of the statutory rules of interpretation. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. 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. These rules each take different approaches to interpretation of a statute. The mischief rule is used by judges in statutory interpretation in order to discover legislatures intention. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. It can only rule on the legislation as it standseven if it is in the process of. These rules are examined under the mainly four titles. The other two are the plain meaning rule also known as the literal rule and the golden rule. Ut res magis valeat quam pareat rule of harmonious construction rule.

The changing approach to the interpretation of statutes 2002. To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, how do courts interpret statutes. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Apr 18, 2018 the mischief rule is used by judges in statutory interpretation in order to discover legislatures intention. This article focuses on the rules to be kept in mind while using it. They interpret the words of the statute in a way that is used commonly by all. Interpretation salmond defines interpretation as a process by which the court seeks the meaning of legislature through the medium of authoritative forms in which it expresses. The mischief rule of interpretation originated in heydons case.

Interpretation is the method by which the true sense or the meaning of the word is understood. Presentation on the mischief rules of interpretation introductory speech. Introduction the purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. It is incumbent on the court to use the grammatical meaning. Download as ppt, pdf, txt or read online from scribd. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Discuss the rules of statutary interpretation with the. If there are two interpretations possible for the material words of a statute. This paper can be downloaded without charge from the social science research network electronic library at.

Statutory interpretation is the process by which courts interpret and apply legislation. It is the basic principle of legal policy that law should serve the public interest. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. The paper is a critique of the golden rule of interpretation along with relevant case laws. This principle was first applied in an english case in the early 16th century. 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. The rules of interpretation law essays essay sauce free. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science.

Nov 14, 2017 statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. The mischief rule tells an interpreter to read a statute in light of the. So, harmonious construction rule cant be followed in the above case. The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice.

The meaning of an ordinary word of the english language is not a question of law. Pdf presentation on the mischief rules of interpretation. Pdf taming the unruly horse of rules of interpretation. 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. The mischief rule gives the most discretion to judges and is suited to specific, often ambiguous cases. General principles and recent trends congressional research service summary the exercise of the judicial power of the united states often requires that courts construe statutes. In many of our present interpretive conflicts, the mischief rule offers useful guidance, for textualists and purposivists alike.

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. The mischief rule free download as powerpoint presentation. This rule now attained the status of classic is known as the mischief rule. The rule is an old rule, based on the heydons case 1584 in which four points to be considered when interpreting a. Mischief rule of statutory interpretation elawresources. Statutory interpretation free download as powerpoint presentation. 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. Introduction to statutory interpretation law essays essay.

Three rules had been developed accordingly to provide a framework of interpretation. Sometimes the words of a statute have a plain and a straightforward meaning. This principle is used by the courts to determine the intention of the legislators. Statutory interpretation consists of three main rules which are described as the literal. Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. Pdf the duty of courts is to interpret laws to give effect to the intention of the parliament. In 1978 parliament passed the interpretation act to set out general rules for courts to interpret acts. The process of statute making and the process of interpretation of statutes are two distinct activities. By creating an act of parliament what was the mischief that the previous or existing law did not cover and this act covers. In this case, it was established that before applying the. The mischief rule of statutory interpretation is the oldest of the rules. The third basic rule of interpretation of statutes is the mischief rule of interpretation. Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws. 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.

Interpretation of statutes this article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the legislature is given effect. I have provided leading case laws and included definition, merits, demerits and application of the rule in my said paper. Sep 12, 2019 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. Rule of beneficial construction or heydons rule or mischief rule. Introduction to statutory interpretation law essays. The primary rule of interpretation of statutes is called literal interpretation or literal. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense. There is also the purposive approach to the interpretation of statutes. Given that the interpretation of the statutes of the parliament is the absolute prerogative of the judges it is them who select what rule of interpretation is used. The proper construction of a statute is a question of law. This essay aims to give brief explanation on the rules of interpretation in the united kingdom as a foremost common law example. Feb 12, 2012 literal rule of interpretation is the primary rule.

Literal rule of interpretation is the primary rule. Statutory interpretation richard o neill university of hertfordshire legislation and common law parliamentary sovereignty parliamentary sovereignty parliamentary. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. The golden rule, or british rule, is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy. 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. Interpretation thus is a familiar process of considerable significance. The mischief rule uses common law to determine how the statute is interpreted. What was the common law before the making of the act.

The primary rule literal construction the mischief rule or heydons rule rule of reasonable construction i. This video contains jurisprudence, interpretation and general lawsinterpretation of statutes part1 of cs executive new syllabus 2018. One of the reasons for the dismal state of statutory. However, dr j considers this to be a modern methodology which owes its development to european law. Ios2601 summary notes interpretation of statutes 202.