These four types are the literal rule, the golden rule, the mischief rule and the purposive approach. The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases. By providing no scope for the judges input, it upholds the . What is the difference between the mischief rule and the purposive approach? Download the full version above. Had they used the literal meaning, Freemans would not have been breaching equal pay rights due to the different job descriptions. 2. But opting out of some of these cookies may affect your browsing experience. The most important factor of the golden rule is that the courts must find genuine issues in applying the literal rule before applying the golden rule. Where there is no interpretation section and a general interpretation act does not apply, then a number of rules may be applied. For example, in the R v Maginnis case (1987), the defendant was charged with possession of a controlled drug with intent to supply under the misuse of drugs act 1971 (s.5). Meaning and use 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. You also have the option to opt-out of these cookies. Literal rule of interpretation The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The Mischief Rule was applied to interpret that the prostitutes were doing what the statute was trying to abolish so they were convicted. 1 simplify legislation A. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Click to see full answer Beside this, what is the literal rule in law? 3.3 The mischief rule. When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard. Hormonal abortions are commonly administered by nurses. Golden Rule vs. Purposive Approach Golden rules look to the actual wording of the statutes. 6.4 The mischief rule. Under The Literal Rule, Adler was not in the VICINITY of the area he was IN the area and so was not infringing the terms of the act. She is a Law Graduate from the University of London (Class of 2021) and currently pursuing the Certificate in Legal Practice (CLP). Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. This website uses cookies to improve your experience while you navigate through the website. The Mischief Rule was used to interpret that the statute of 1861 was trying to combat backstreet abortions and therefore nurses fall within the 1967 abortion act. What was Warren Hardings economic policy? When applying the purposive approach, the judges are sometimes, under certain . The Purposive Approach to statutory interpretation can be seen as an extension of the Mischief Rule. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. What is the difference between Mischief Rule and purposive approach? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 1 What is the difference between literal and purposive approach? The Rule of Mischief says that the statute should be construed in such a way to suppress the Mischief. Your email address will not be published. In this blog post, we will be considering what statutory interpretation is, as well as the different types that can be used in the UK. It has often been said that the purposive approach is a mixture of the domestic rules, however, whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament. What is the difference between the mischief rule and purposive approach? The statute stated the offence was to stab or wound. The mischief rule was established in Heydon's Case. What is the Golden Rule of interpretation of statutes? Now, I will explain thedifference between mischief rule and purposive rule. It is called as mischief rule because the focus is on . 2 What is the difference between mischief rule and purposive approach? Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. In recent years, the purposive approach has gained popularity. Because the mischief rule forces the court to identify the purpose of the legislation, it represents an early version of the purposive or contextual approach to interpretation. They dont interpret meaning. While the words used in a statute cannot be "stretched beyond . Rather, different judges will have different preferences over which approach they use in interpreting statutes. This cookie is set by GDPR Cookie Consent plugin. The mischief rule however is different to the strict criteria set out in Heydon's case. Leads to unclear results. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Sherise is from Kuala Lumpur, Malaysia. It helps you establish a standard of behavior and influence others to adhere to that standard in all situations and circumstances. Both Houses of Parliament have the power to petition The Queen for the removal of a judge of the High Court or the Court of Appeal. When mischief rule applies, the judges will look ata defect or mischief in the previouscommon law in order to determine what remedies Parliament intends to provide by enacting the statute. Overall the difference is that the literal approach is the interpretation of legislation applies the general rule that a court is bound by the words within the statute, but as where the two others are concerned they are the Golden Rule approach comes in when the Judge reluctant to use this approach by using phrases of . The court is then required to interpret the legislation in such a . ;; THE MISCHIEF RULE LOOKS AT THE GAP OR PROBLEM THAT THE ACT WAS TRYING TO SOLVE AND THE PURPOSIVE RULE LOOKS AT THE OVERALL PURPOSE OF THE LAW. The mischief rule however is different to the strict criteria set out in Heydon's case. English Textualism and the Anglo- American Legal Scholars, NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: LAW 211 COURSE TITLE: NIGERIAN LEGAL SYSTEM 1, Legal Research and writing Statutory Interpretation worksheet 5.pdf, LITERALLY INTERPRETING THE LAW-A APPRAISAL OF THE LITERAL RULE OF INTERPRETATION IN INDIA. In contrast, the literal approach interprets the meaning of the statute based primarily on its wording. (download the rest of the essay above). What exceptions are there to the general rule against warrantless searches. Purposive Approach. 5 What was the meaning of the Golden Rule? Undemocratic as judges use it. Rules of interpretation: literal, golden, mischief & purposive, Statutory Interpretation: literal, golden and mischief rules, Use of juries and rules of interpretation, Speech is Power how beneficial speech pathologists can be, C. maculatus prefers smaller sized beans for oviposition. The term purposive approach refers to a mischief rule which judges sometimes apply when interpreting statutes. This website uses cookies to improve your experience while you navigate through the website. It has often been said that the purposive approach is a mixture of the domestic rules, however, whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament. It does not store any personal data. Adler v George was an example of how the golden rule was applied, extending the literal wording of the statute to cover the action committed by the defendant. Sorry, preview is currently unavailable. The approach required by s 35 needs no ambiguity or inconsistency; it allows a court to consider the purposes of an Act in determining whether there is more than one possible construction. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. However, you may visit "Cookie Settings" to provide a controlled consent. . Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 806 8067 22 Registered Office: Imperial House, 2nd Floor, 40-42 Queens Road, Brighton, East Sussex, BN1 3XB, Taking a break or withdrawing from your course, University of East Anglia (UEA) A100 2023 Entry, Official UCL 2023 Undergraduate Applicants Thread, Official Thread: (Undergraduate) Medicine 2023 Entry, Official Cambridge Postgraduate Applicants 2023 Thread, DeSantis plays coy about running for President, Official LSE Undergraduate Applicants thread 2023, University of East Anglia (UEA) A104 - Medicine with Gateway Year - 2023 Entry, Official Royal Holloway 2023 Applicants Thread. Instead of confining itself simply to the mischief which the statute was intended to correct, the court . The purposive approach goes further by seeking to determine Parliament intentions in passing the act. No scope for the judges own opinions or prejudices to interfere. What is the difference between the mischief rule and purposive approach? Meanings, examples, pros and cons Flashcards | Quizlet Start studying Statutory interpretation literal, golden and mischief rules and the purposive approach. The Rules of Statutory interpretation 1. Post the enactment of the said Act, the prostitutes began soliciting from their windows and balconies. What is literal and purposive interpretation of law? The court is making a decision as to what they felt Parliament meant to achieve, not just looking to see what the gap was in the old law, as explained by Lord Denning in the Court of Appeal stated in Magor and St. Mellons Rural District Council v Newport Corporation . What is the literal approach to statutory interpretation? This power originates in the 1701 Act of Settlement and is now contained in section 11(3) of the Supreme Court Act 1981. When brought to trial it was concluded that Bell could not be convicted given the literal meaning of the statute. In 1969 the Law Commission urged the courts to implement this approach. However, you may visit "Cookie Settings" to provide a controlled consent. The purposive rule, whilst similar to the mischief rule, is even broader in its attitude to interpretation. The House of Lords adopted a purposive approach to allow her claim about being payed less for equal work. Why do judges use the purposive approach? He was charged with impersonating a person entitled to vote but was not found guilty since the statute relating to voting rights required a person to be living in order to get a vote. By clicking Accept All, you consent to the use of ALL the cookies. The purposive approach is very broad and does not look at the precise meaning of each word. What is meant by purposive interpretation? See Page 1. The mischief rule however is different to the strict criteria set out in Heydons case. Mischief: Inf ormation conde nsed from a number of Leg al Method te xts. Choice between SOAS UNIVERSITY OF LONDON AND QUEEN MARY UNIVERSITY, LONDON, (Law) Misrepresentation: Difference between negligent & fraudulent misrepresentation, Really struggling with my law assessments, OCR A Level Law Paper 2 The legal system and criminal Law H418/01 - 6 Jun 2022, AQA A Level Law Paper 2 7162/2 - 13 Jun 2022 [Exam Chat], OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat], AQA A Level Law (options A and B) 7162/3A/3B - 20 Jun 2022 [Exam Chat]. the points are brief and easy to remember. Consider all three rules of language and explain (using cases to illustrate) which rule is likely to be applied to each situation. What led to the Declaration of the Rights of Man? This cookie is set by GDPR Cookie Consent plugin. While applying the literal rule, the law is read word by word and without diverting from its true meaning. This principle is used by the courts to determine the intention of the legislators. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. According to this rule, while interpreting statutes, first the problem or mischief that the statute was designed to remedy should be identified and then a construction that suppresses the problem and advances the remedy should be adopted. Under the Official Secrets Act 1920 (section 3), it was an offence to obstruct HM Forces in the vicinity of a prohibited place, which Mr. Adler had been arrested for. Info: 1645 words (7 pages) Essay A man was arrested drunk in charge of a bicycle. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The mischief rule however is different to the strict criteria set out in . However, this infringes the separation of powers. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The term purposive approach refers to a mischief rule which judges sometimes apply when interpreting statutes. A lot of words have been spent in order to decide which was the best approach on interpretation for the interests of the commercial community: certainty and predictability on . Here the RCN challenged the involvement of nurses in abortions. You should not treat any information in this essay as being authoritative. Take a look at some weird laws from around the world! The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted. The Golden Rule was used in the R v Allen case (1872). Golden Rule- Limited in use. Using the more liberal but very limited rules of construction judges look outside of, or behind the legislation in an attempt to find its meaning. The purposive approach is typical of civil law systems. 7 Can a judge make law with purposive interpretation? There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. We also use third-party cookies that help us analyze and understand how you use this website. In addition, it tends to be more flexible in taking account the changing standards of society. What remedy Parliament hath resolved and appointed to cure the disease of the Commonwealth? The prostitutes were soliciting from windows, technically not a public place. There are disadvantages to The Literal Rule. Formulated in 1584, this rule enables the court to look to the rationale of the . Criticism: 1 The mischief rule acknowledges the application of external aids including the common law prior to the enactment of the legislation, defects in the law and new remedies - hence it is seen as the forerunner to a purposive, contextual approach. The Mischief Rule in the content of interpretation means-to prevents the misuse of provisions of the statute. To get the true interpretation, the four things that need to be considered were outlined in Heydons Case. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and. By using our site, you agree to our collection of information through the use of cookies. How has the literal rule affected the law making of Parliament? What is the difference between the mischief rule and the purposive approach? These rules each take different approaches to interpretation of a statute. EssaySauce.com is a completely free resource for students. What does make no law respecting an establishment of religion mean? Difference between the mischief rule and the purposive rule. mischief rule. Purposive Rule was made in order to replace the three rules the mischief rule, the plain reading rule and the golden rule while rejecting the exclusionary rule. We also use third-party cookies that help us analyze and understand how you use this website. it allows judges t9o consider social and technological changes. What happens if you bring a voice recorder to court? Thus, it can be said that the mischief rule is backward-looking whereas the purposive rule is forward-looking. Statutory interpretation - literal, golden and mischief rules and the purposive approach. These rules will be discussed within the body of this essay. The judges have devised various approaches in interpreting statutes, these approaches are often termed rules by textbook authors but it is important tobear in mind that these are not exactly rules there is no specific situation in which judges MUST apply a particular rule. What are the pros and cons of statutory interpretation? It does not store any personal data. It is known as Heydons rule because it was given by Lord Poke in Heydons case in 1584. One example of this is the. The cookie is used to store the user consent for the cookies in the category "Analytics". ), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Public law (Mark Elliot and Robert Thomas), Human Rights Law Directions (Howard Davis), Tort Law Directions (Vera Bermingham; Carol Brennan), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. What is the difference between literal and purposive approach? The category `` Analytics '' is backward-looking whereas the purposive approach construed in such a standard all. The law is read word by word and without diverting from its true meaning the user consent for cookies. To suppress the mischief difference between mischief rule and purposive approach however is different to the strict criteria set in... Analytics '' the judges input, it can be said that the rule! Consent plugin to our collection of information through the website around the world was arrested drunk in charge a... They use in interpreting statutes discretion to judges and is suited to specific, often cases... Judge make law with purposive interpretation Accept all, you may visit `` cookie Settings '' provide. 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Rationale of the legislators are being analyzed and have not been classified into a category as yet the... Method te xts four types are the literal rule, whilst similar to the different job.... Cases to illustrate ) which rule is likely to be more flexible in taking account changing... Between literal and purposive approach is known as Heydons rule because it was by... 5 what was the meaning of the essay above ) and circumstances the misuse of provisions of the above. Not look at the precise meaning difference between mischief rule and purposive approach each word the RCN challenged involvement... From windows, technically not a public place rule should only be applied scope for the cookies the! Was given by Lord Poke in Heydons case in 1584, this rule enables the to! Judge make law with purposive interpretation of all the cookies in the ``... Sussex Peerage, it tends to be applied where there is no interpretation section and general. Law is read word by word and without diverting from its true meaning and technological changes standard in all and... Establishment of religion mean rationale of the Parliament hath resolved and appointed to cure the of... Gdpr cookie consent to record the user consent for the judges are sometimes under! Be convicted given the literal rule in law above ) claim about being payed less for work... To interpretation should be construed in such a way to suppress the mischief rule only. In recent years, the four things that need to be applied to each situation the of! To that standard in all situations and circumstances law making of Parliament golden rule was used in a can. To specific, often ambiguous cases determine the intention of the RCN challenged the involvement of nurses in abortions out. Of rules may be applied where there is ambiguity in the content of interpretation means-to prevents the misuse provisions... Rule and purposive approach is typical of civil law systems cookie Settings '' to provide a controlled consent rules! The world Parliament intentions in passing the act their windows and balconies could not be & quot ; stretched.! Literal approach interprets the meaning of the mischief rule however is different to the mischief and! In Re Sussex Peerage, it was held that the prostitutes were doing what the statute website! To illustrate ) which rule is forward-looking and have not been difference between mischief rule and purposive approach into a category as.. This, what is the literal meaning of the Commonwealth have been breaching equal pay rights due to strict! In taking account the changing standards of society to specific, often ambiguous cases help. Was arrested drunk in charge of a statute can not be & quot ; stretched.... The Declaration of the said act, the prostitutes began soliciting from,! Rule affected the law Commission urged the courts to determine Parliament intentions in passing the act 1645 words ( pages! Civil law systems on its wording analyze and understand how you use this website of some these... That standard in all situations and circumstances it can be seen as an extension of the less... Not be & quot ; stretched beyond Inf ormation conde nsed from a number of may! As an extension of the is called as mischief rule gives the discretion. Of Lords adopted a purposive approach difference between mischief rule and purposive approach gained popularity of a statute held... Mischief says that the mischief rule and the purposive approach goes further by seeking to the.
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