Explain the 'mischief rule' under the Interpretation of Status.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Explain the 'mischief rule' under the Interpretation of Status.

Answer & Explanation:

Mischief Rule was enunciated 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. They are (1) What was the Common Law before the making of the Act; (2) What was the mischief and defect for which the Common Law did not provide; (3) What remedy the Parliament had resolved and appointed to cure the disease of the Commonwealth; and (4) The true reason of the remedy. The consideration of the "mischief" or "object" of the enactment is common and will often provide the solution to a problem of interpretation. 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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