The judges must interpret the act as to The mischief rule of statutory interpretation is the oldest of the rules. Start studying Law- Advantages + Disadvantages, Literal Rule.
Looks at Disadvantages of Mischief Rule With a couple of advantages the disadvantages are of mischief rule are: It is seen to be out of date as it has been used since the 16 th century when common law was the primary source of law and parliamentary supremacy was not established.
Start studying Mischief Rule - Advantages and Disadvantages. Free study resources for Law Students (AQA A Level) including cases, analysis and … Home > A Level and IB > Law > Advantages and Disadvantages of the Mischief Rule Advantages and Disadvantages of the Mischief Rule 4.0 / 5 based on 2 ratings? The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The Golden Rule won’t help if there is no absurdity in the statute. A disadvantage of the mischief rule is that it gives too much power to judges because judges shouldn’t make law, it is up to Parliament. Advantages.
For example the London and North Eastern Railway v Berriman (1946) case, where the widow couldn’t get compensation because the wording of the statute didn’t allow for this circumstance. The mischief rule [1] is one of three rules of statutory construction traditionally applied by English courts. A case which uses the mischief rule and shows that judges have too much power because they are making law is Smith V Hughes. This rule gives judges the most discretion of all. A case which uses the mischief rule The judges must interpret the act as to fill the gap and to remedy the mischief that Parliament had been aiming to remedy. Model answer on advantages & disadvantages of the mischief rule and statutory interpretation. Advantages and Disadvantages of using the Mischief Rule . The other two are the "plain meaning rule" (also known as the "literal rule") and the "golden rule".The main aim of the rule is to determine the "mischief and defect" that the statute in question has set out to remedy, and what ruling would "suppress the mischief, and advance the remedy". Under the mischief rule the court's role is to suppress the mischief the Act is aimed at and advance the remedy. The Purpose Approach is a rule of construction used by judges to assess the aims and objectives of statues or legislation.
Advantages Fills in gaps in law Carries out purpose of Act Produces just/fair result Gives judge greater flexibility Recommended by the Law Commission as preferred rule Disadvantages Results in judicial law making Not as wide as
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