Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. The other two are the plain meaning rule also known as the literal rule and the golden rule. Interpretation of statutes basic knowledge llb notes. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. Under the mischief rule the courts role is to suppress the. Statutory interpretation plain meaning rule statutory. This principle was first applied in an english case in the early 16th century. The main body of the law is to be found in statues, together with the relevant statutory instruments, and in a case of law as enunciated by judges in the courts. The golden rule allows a judge to depart from a words normal meaning in order to avoid an absurd result.
This article discusses the main rules of statutory interpretation or construction. 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. All that the court has to see at the very outset is, what does the provision say. What links here related changes upload file special pages permanent link page. 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. The interpretation is favoured that remedies the problem or mischief thus, no. Mischief rule is a principle used for the interpretation of a statute. The mischief rule legal definition of the mischief rule. Statutory interpretation is the process by which courts interpret and apply legislation. The main body of the law is to be found in statues, together with the relevant statutory instruments. 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. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Legislative intent the courts primary goal in interpreting a law is to determine the legislative.
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. The mischief rule is the law commissions preferred method of interpretation. The rules of statutory interpretation 2 translegal. Under the interpretation act 1978, the meaning of various words are helpfully set out, including words importing the masculine gender shall include females. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. The court had to decide if the word prostitution was a word that could only. This rule is usually avoided to complete interpretation unless the intent in itself can be interpreted properly.
There are numerous rules of statutory interpretation. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. Michael kirby ac cmg the main task of modern lawyers although we still describe ours as a common law system to distinguish it from the countries of the civil law tradition, the label is. It can only rule on the legislation as it standseven if it is in the process of. These are known as the literal rule, the golden rule. The rules of statutory interpretation that congress could pass would be law. For decades, lawyers have debated the proper scope of this hypothetical law. A particular section of the statute should not be inconsistent with the rest of the statute. Discuss the influence of eu membership upon techniques of statutory interpretation and the impact of the human rights act. However, the rules of statutory interpretation are varied, it is not one set rule, and therefore the most effective rule should be applied in consideration of the case.
T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Over time, a number of rules of statutory interpretation have been developed, providing an important framework for interpretation. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. Statutory interpretation free download as powerpoint presentation.
Ios 2601 multiple choice questions compiled by courtney engelbrecht the chronological categories of legislation are based on dates and historical facts. The case of adler v george 1964 is a classic example of the courts applying the golden rule. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. The unwritten federal rules of statutory interpretation. The court applied the mischief rule holding that the. These rules each take different approaches to interpretation of a statute. Factors which have influenced the shift in the mode of statutory interpretation are. They are purely guidelines for the judiciary to solve problems with statutory interpretation. Sometimes the words of a statute have a plain and a straightforward meaning.
The mischief rule of statutory interpretation is the oldest of the rules. Methods of statutory interpretation qualityessay net. The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem. The mischief rule, the most firmly established rule for construing an obscure enactment is another rule of statutory interpretation traditionally applied by english courts. Somewhat ironically, the legislative branch passes statutes on construction to give guidance to the courts on how to interpret the legislatures laws.
Hamlyn lecture 2017 andrew burrows statutory interpretation duration. Mischief rule hangman find cases decided under the mischief rule of statutory interpretation. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts. One of the reasons for the dismal state of statutory interpretation in sa is the lack of a sound theoretical basis for the discipline.
In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. 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 designed to remedy. Interpretation not just reading not mechanical cant be put into categories not rule bound. So, too, the unwritten rules that we already have are law, in pretty much the same way. If the interpretation of a particular statute becomes an issue in a case, the court must rely on rules of statutory interpretation or construction in deciding the laws meaning. It recognizes that there should be precision in explanations and tries to interpret laws. When the legislature enumerates an exception to a rule, one can infer that there are no other exceptions. Understand why judges need to interpret statutes 2. The theoretical background of statutory interpretation cannot simply be ignored or wished away. Interpretation sections found within many statutes the definition of terms implied by the rest of the act the context rule.
Statutory interpretationhow judges read the statute laws of parliament role of the courtsrecall the courts have two main roles to resolve disputes, both criminal and civilto declare the law by creating new common law ex post facto and interpreting the meaning of statute law declaring the statute lawthere can be uncertainty and dispute about the. The interpretation is favoured that remedies the problem or mischief thus, no dogs allowed would not necessarily exclude guide dogs. 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. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. Mischief rule law and legal definition uslegal, inc. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy.
Langan, maxwell on the interpretation of statutes 12. Literal construction in construing a statutory provision the first and the foremost rule of construction is that of literal construction. The difficulty in determining the legislative intention of parliament 4. A guide to reading, interpreting and applying statutes.
For decades, lawyers have debated the proper scope of. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The literal rule requires giving ordinary or literal meaning to words used in the statute. Discuss the rules of statutary interpretation with the. For example, should one invoke the canon against interpreting statutes to create consti tutional doubts before, or after, one invokes the canon that a statute that. In this case the house of lords had to decide if it was legal for nurses to administer hormones to induce abortions. Law hangman on the mischief rule of statutory interpretation. 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. As far back as 1969 the law commission recommended that the mischief rule should be the only rule used in statutory interpretation. When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. 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. State the circumstances when these rules are applied by the courts. Statutory interpretation advantages and disadvantages. Statutory default rules scholars at harvard harvard university.
Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. The rules of statutory interpretation linkedin slideshare. Apr 01, 2017 the mischief rule is a rule of statutory interpretation that attempts to determine the legislators intention. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislators intention. The principle called golden rule originated near about in 1854 and involve a new range of modification in the rule of interpretation. What was the common law before the making of the act. Introduction statutory interpretation is the process of interpreting and applying legislation to decide. There are three methods of statutory interpretation. Absolute prohibition in statutory ofences 1936, 6 camb. The defendants were prostitutes who had been charged under thestreet offences act 1959 which made it an offence to solicit in a publicplace. This principle is used by the courts to determine the intention of the legislators. Together the rules allow for contemplation and are the starting point to allow for the most effective action in upholding the law. May 30, 2014 hamlyn lecture 2017 andrew burrows statutory interpretation duration.
Understand the constitutional responsibility of the judiciary in relation to statutory interpretation 3. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. Jan, 2017 this rule is usually avoided to complete interpretation unless the intent in itself can be interpreted properly. Jul 27, 2015 literal rule the literal rule is a part of one of the statutory rules of interpretation. What was the mischief and defect for which the common law did not provide. Explain literal rule, mischief rule aka rule in haydons case, golden rule, rule of harmonious construction, nosciur a sociis, ejusdem generis, reddendo singul singuis. Mischief rule of statutory interpretation academike. The prostitutes were soliciting from private premises in windows oron balconies so could be seen by the public. 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. This rule gives the court justification for going behind the actual wording of the statute in order to consider the problem that the particular statute was aimed at remedying. 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. Literal rule the literal rule is a part of one of the statutory rules of interpretation.
The classic statement of the mischief rule is that given by. True a distinction is made between original and subordinate legislation, but the distinction does not affect the application of the rules of statutory interpretation. Some amount of interpretation is often necessary when a case involves a statute. The rules of statutory interpretation free solution click. General theories and rules of interpretation a the function of the court is to interpret the law and not to legislate.
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