Explain Heydon's rule of Interpretation of Statute.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Explain Heydon's rule of Interpretation of Statute.

Answer & Explanation:

Heydon's rule of Interpretation of Statutes In Heydon's Case, in [1584] [76 ER 637 360 REP 7a], it was resolved by the Barons of the Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law) four things are to be discerned and considered: 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; What remedy the Parliament had resolved and appointed to cure the disease of the Commonwealth; and The true reason of the remedy. Although judges are unlikely to propound formally in their judgments the four questions in Heydon's Case, consideration of the "mischief" or "object" of the enactment is common and will often provide the solution to a problem of interpretation. Therefore, when the material words are capable of bearing two or more constructions, the most firmly established rule for construction of such words is the rule laid down in Heydon's case which has "now attained the status of a classic". The rule directs that the Courts must adopt that construction which "shall suppress the mischief and advance the remedy". But this does not mean that a construction should be adopted which ignores the plain natural meaning of the words or disregard the context and the collection in which they occur.

Topics: Interpretation of Statutes

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