![]() ![]() In applying the rule, the court is essentially asking what the mischief was that the previous law did not cover, which Parliament was seeking to remedy when it passed the law now being reviewed by the court. In Conway v Rimmer it was observed that judges can apply in statutory interpretation in order to discover Parliament's intention. The rule was first set out in Heydon's Case, a 1584 ruling of the Exchequer Court. For example, if a law prohibits a specific behaviour "in the street", the legislators might – or might not – have intended the same behaviour on a first-floor balcony overlooking the roadway to be covered. In applying the rule, the court is essentially asking whether parliament in enacting the statute intended to rectify a particular mischief, even though it might not be covered by a literal reading of the statute's wording. The rule considers not only the exact wording of the statute, but also the legislators' intentions in enacting it. It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the court in ruling in a manner which will "suppress the mischief, and advance the remedy". The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts, the other two being the " plain meaning rule" (also known as the "literal rule") and the " golden rule".
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