Question: What Is The Difference Between Golden Rule And Mischief Rule?

What is the difference between the mischief rule and purposive approach?

The mischief rule however is different to the strict criteria set out in Heydon’s case.

The purposive approach goes further by seeking to determine Parliament intentions in passing the act.

When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard..

What are the advantages and disadvantages of the mischief rule?

The main advantage of The Mischief Rule is that it closes loopholes in the law and allows laws to develop. The main disadvantage is that it creates a crime after the event has taken place, which can be seen in the Smith v Hughes (1960) case.

Which rule of interpretation is best?

The Golden RuleThe Golden Rule It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. It is used in a wider sense to avoid a result that is obnoxious to the principles of public policy. It is known as the golden rule because it solves all the problems of interpretation.

Who is the final answer to interpret the Constitution?

The most powerful authority to interpret our Constitution is the Supreme Court. The Supreme Court of India is the most noteworthy legal meeting and last court of a request under the Constitution of India, the highest position among courts, with the privilege of judicial review.

What statute means?

1 : a law enacted by the legislative branch of a government. 2 : an act of a corporation or of its founder intended as a permanent rule.

Which rule is the oldest rule of interpretation?

Literal Rule of InterpretationThe Literal Rule of Interpretation is the oldest rule and is followed to date by the Judges across the globe. The rationale behind the Literal Rule is that it prevents courts from making biased decisions when the issues are relating to political matters.

What is the meaning of golden rule in law?

This rule is a modification of the literal rule. It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result. The rule was used in the case of Adler v George (1964) to avoid an absurd result. …

What are the general principles of interpretation?

The main and most important objective of interpretation is to see the intention that has been merely expressed by the words. The words of the statute are to be interpreted so as to ascertain the mind of legislature from natural and grammatical meaning of the words which it has used.

Why do judges need to interpret statutes?

Parliament makes the law but it is the roles of judges to interpret parliament’s words. Because legislation needs to be written so that it can be effectively applied in various circumstances, there can often be a lack of clarity or precision. …

What are the 4 rules of statutory interpretation?

There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.

What is the golden rule of investigation?

GOLDEN RULE OF CRIME SCENE INVESTIGATION: Do not touch, change or alter anything until it has been identified, measured and photographed. Preserving Forensic Evidence.

What are the basic rules of interpretation?

The primary rule is to interpret words as they are. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. words should be simple so that the language is plain and only one meaning can be derived out of the statute.

What does mischief mean?

1 : a specific injury or damage attributed to a particular agent the polished floor … often causes mischiefs—bruises, sprains, dislocations— Herbert Spencer. 2 : a cause or source of harm, evil, or irritation especially : a person who causes mischief He’s a real mischief to his family.

How is the mischief rule applied?

The mischief rule of statutory interpretation is the oldest of the rules. … In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court’s role is to suppress the mischief the Act is aimed at and advance the remedy.

What do you mean by mischief rule of interpretation?

Editor’s Note: The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent.

What are the three rules of interpretation?

Rules Of InterpretationGrammatical or Literal Rule of Interpretation.GOLDEN RULE OF INTERPRETATION.MISCHIEF RULE OF INTERPRETATION.Aug 28, 2019

How do you read a statute law?

Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.

Why is Golden Rule important?

The Golden Rule guides people to choose for others what they would choose for themselves. … The viewpoint held in the Golden Rule is noted in all the major world religions and cultures, suggesting that this may be an important moral truth (Cunningham 1998).

Why is it called the Golden Rule?

The Golden Rule is a moral which says treat others as you would like them to treat you. … It is called the ‘golden’ rule because there is value in having this kind of respect and caring attitude for one another. People of many religions see the value of this mandate and have similar expressions.

What are the disadvantages of the literal rule?

Words may be ambiguous and therefore the use of the literal rule may make the meaning of an Act unclear. Dictionaries often list words with several different meanings. Use of the literal rule in this situation may lead to absurd results.