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. What is the difference between the mischief rule and purposive approach? Mischief Rule was originated in Heydon's case in 1584. . One Example of The Literal Rule was the Fisher v Bell case (1960). Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Some of the better-known rules of construction methods are The Golden rule, The Literal rule, The Mischief rule and The Purposive approach. As well as this, entirely new laws can be created in statutes, there are three rules used when using statute law these rules are: This rule is the basis of all court decisions in relation to statues. b. In view of the same, the grammatical meaning of such words is usually modified. They can, potentially infringing the separation of powers between legal and legislature. 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. The defendant was proven not guilty. 2. Under the mischief rule the courts role is to suppress the mischief the Act is aimed at and advance the remedy. A Comparison Between the Modalities of Interpreting Tax Legislation Applied in South Africa and Australia, From Exclusion to Inclusion: Evolution of the Role of Hansards in the Interpretative Process, ( ngiliz Team l Hukuku Sisteminde Mahkemelerin Yorum ve Kanun Yapmas )[#175855]-. Golden Rule- Limited in use. The House of Lords adopted a purposive approach to allow her claim about being payed less for equal work. The statute did not cover oiling and so compensation wasnt given. The purposive approach is a modern version of the mischief rule. What are the 27 grievances of the Declaration of Independence? Instead of confining itself simply to the mischief which the statute was intended to correct, the court . One example of this is the. The Purposive Approach to statutory interpretation can be seen as an extension of the Mischief Rule. Revised on December 1, 2022. View examples of our professional work here. The true reason of the remedy; and then the office of the Judges is to make such construction as shall suppress the mischief and advance the remedy. There is an allusion here to the Greek statue for justice, wearing a blindfold so as not to treat friends differently, Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Literal rule is a rule used to interpreting statutes. Yes! What is the difference between the mischief rule and purposive approach? The literal rule of statutory interpretation should be the first rule applied by judges. [T]he modern approach to statutory interpretation (a) insists that the context be considered in the first instance, not merely at some later stage when ambiguity might be thought to arise, and (b) uses 'context' in its widest sense to include such things as the existing state of the law and the mischief which, by legitimate means it allows judges to use their common sense. To learn more, view ourPrivacy Policy. But opting out of some of these cookies may affect your browsing experience. The court applied the golden rule, because if the literal rule had been applied, it would have produced absurdity because someone protesting near the base would be committing an offence, whilst someone protesting in it would not. Available from:<https://www . When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard. In turn, this allowed more focus on meaning behind statutes, allowed more background information and context of legislation to be considered, and it brought the UK in line with European Courts. 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. But opting out of some of these cookies may affect your browsing experience. A 1969 report of the English Law Commission proposed that the English courts should adopt a purposive approach. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. Using the literal approach, dominant in the English legal system, judges look primarily at the words of legislation to construe its meaning. 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 advantages of the literal approach are that in this way Parliament is respected while restricting Judicial Activism. When comparing the three rules there are differences and similarities. 1 What are the differences between literal golden and mischief rule? However, the abortion act (1967) claims an absolute defence for medically registered practitioners to carry out abortions. Under the Mischief rule the bicycle could constitute a carriage. The court is then required to interpret the legislation in such a . The mischief rule gives a judge more discretion than the previous rules. The mischief rule however is different to the strict criteria set out in Heydon's case. Mischief rule is a principle used for the interpretation of a statute. The Official Love Island Thread Winter 2023, A* at A level students - how much revision did you do, Official Dental Hygiene and Therapy (Oral Health Science) 2023 Entry Thread, Official University of the Arts London 2023 Applicants Thread, Official University of Edinburgh 2023 Applicant Thread, 2023 Deloitte Bright start apprenticeship, Official University of Warwick 2023 Applicant Thread, Official thread - January 2023 IAL edexcel. Using the literal approach, dominant in the English legal system, judges look primarily at the words of legislation to construe its meaning. The act never specifically mentioned bicycles, however the carriage was used on a public highway and therefore the defendant was charged correctly. Analytical cookies are used to understand how visitors interact with the website. Academia.edu no longer supports Internet Explorer. The three traditional rules of statutory interpretation are the literal, golden, and mischief rule. [/color] rule; HAS BEEN CRITIZIZED BY SOME JUDGES BUT PREFERED OVER ALL BY THE OTHER JUDGES. The "purposive approach" is a method used by judges to interpret what statutes (or laws) mean. difference between mischief rule and purposive approach. The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases. The Mischief Rule looks at the gap/mischief in the Act of Parliament and interprets the Act to give effect to the remedy the Parliament aimed to propose. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. I am not trained as a lawyer, but since other responders to the question have not given satisfactory answers I have extracted the following from the internet. The purposive approach sometimes referred to as purposive construction, purposive interpretation, or the modern principle in construction is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (that is, a statute, a part of a statute, or a clause of a . The mischief rule of statutory interpretation is the oldest of the rules. In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "Intention of Parliament", and the . Hormonal abortions are commonly administered by nurses. The mischief the act was attempting to remedy was that of people being on the road on transport while drunk. The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Under section 3 of the official secrets act (1920) it was an offence to obstruct HM Forces in the vicinity of a prohibited area. The rule allows statutes to be refined and developed. Adler was arrested for obstructing forces whilst in a prohibited area. The meaning of the mischief rule of interpretation can be better understood with the help of a UK case law. By using our site, you agree to our collection of information through the use of cookies. While the words used in a statute cannot be "stretched beyond . The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Spinning Yarns from Moonbeams: A Jurisprudence of Statutory Interpretation in Common Law, 42 Statute Law Review (2021) pp. The court applied the mischief rule, holding that the defendant's activities were within the mischief of the Act, and soliciting from within a house is soliciting and molesting of the public. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. We argue that since the principle of legislative supremacy is so strongly qualified in the Irish context, it cannot support a theory of intentionalism in statutory interpretation. A rule of statutory interpretation that attempts to determine the legislator's intention - to determine the mischief and defect - to give ruling to implement the effective remedy. This cookie is set by GDPR Cookie Consent plugin. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Anti-Federalists held that. 3 Why do judges use the purposive approach? The mischief rule derives from an ancient case known as Hayden's case. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Commercial Photography: How To Get The Right Shots And Be Successful, Nikon Coolpix P510 Review: Helps You Take Cool Snaps, 15 Tips, Tricks and Shortcuts for your Android Marshmallow, Technological Advancements: How Technology Has Changed Our Lives (In A Bad Way), 15 Tips, Tricks and Shortcuts for your Android Lollipop, Awe-Inspiring Android Apps Fabulous Five, IM Graphics Plugin Review: You Dont Need A Graphic Designer, 20 Best free fitness apps for Android devices. What was the common law before the making of the Act? "(1998), Parliamentary Debates In Statutory Interpretation: A Question of Admissibility or of Weight, A flood of light? Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Your email address will not be published. Similarly, the Partridge v Crittenden (1968) case used a legal loophole. it is also sensivble to use external aids like Hansard. This cookie is set by GDPR Cookie Consent plugin. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 6 When to use the purposive approach to statutory interpretation? It requires the court to look at the law before the legislation was passed in order to discover what gap, or mischief, the legislation was intended to cover. : Comments on the Interpretation Act 2005 (With R Kennedy), Reappraising the constitutional justification for intentionalism and literalism in statutory interpretation (with Cathal Curran), NIGERIAN INSTITUTE OF ADVANCED LEGAL STUDIES INTRODUCTION TO LEGISLATIVE DRAFTING, Reappraising the constitutional justification for intentionalism and literalism in statutory interpretation (with Eoin Daly), A Comparative Account of Statutory Interpretation in Singapore. The mischief rule however is different to the strict criteria set out in . All our essays are uploaded by volunteers. Disclaimer: This essay has been written by a law student and not by our expert law writers. What is the purposive approach to statutory interpretation? The Rules of Statutory interpretation 1. 4 Whats the difference between the Golden Rule and mischief rule? Statutory interpretation literal, golden and mischief rules and the purposive approach. How many states actually ratified the Constitution? The other two are the "mischief rule" and the "golden rule.". It is known as Heydons rule because it was given by Lord Poke in Heydons case in 1584. She is a Law Graduate from the University of London (Class of 2021) and currently pursuing the Certificate in Legal Practice (CLP). The main advantage of The Golden Rule is that drafting errors in statutes can be corrected immediately. country was clear. 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The purposive rule has become more widely used by the judges in light of the United Kingdom's accession into the European Union - purposive approach of interpretation is the dominant approach of interpreting statutes in the European Court of Justice. 6.4 The mischief rule. * This essay may have been previously published on Essay.uk.com at an earlier date. Purposive Approach- Judges become Law makers, infringing Separation of Powers Act. These were: the mischief rule, the literal rule, and the golden rule. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. If an attempt is made to add Mischief in any statute, then it must be prevented by the Mischief Rule of interpretation. Literal Rule- The unelected judges make the law. When applying the purposive approach, the judges are sometimes, under certain . To browse Academia.edu and the wider internet faster and more securely, please take a few seconds toupgrade your browser. The case was upheld on appeal. 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. The cookie is used to store the user consent for the cookies in the category "Performance". The mischief rule of statutory interpretation is the oldest of the rules. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. 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. In that situation, it is open to the courts to apply the mischief rule. Become Premium to read the whole document. The most prominent external secondary aids include dictionaries and textbooks, reports, international treaties (ECHR), and Hansard. What are the advantages of mischief rule? it makes sense to look at the whole purpose of the act. Heydons Case (1584) 76 ER 637 is considered a landmark case as it was the first case to use what would come to be called the mischief rule for statutory interpretation. Now, I will explain thedifference between mischief rule and purposive rule. Here judges rely on the exact wording of the statute for the case. 1) An Act uses the phrase 'hamsters, dogs, cats and other animals' and the animal in question is a tiger. This website uses cookies to improve your experience while you navigate through the website. The brightest students know that the best way to learn is by example! there would be differences between the [member states]. Available from: [Accessed 01-03-23]. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. These cookies will be stored in your browser only with your consent. Leads to unclear results. Also referred to as abrogation. You can view ourterms of use here. In addition, European Community (EC) legislation can only be determined on the basis of a purposive approach, even though the dominant approach in relation to community legislation and some domestic legislation is the literal approach. Why did federalists oppose the Bill of Rights? c. The Mischief Rule. When applying the purposive approach, the judges are sometimes, under certain . We do NOT offer any paid services - please don't ask! What is the difference between the mischief rule and purposive approach? This is important as it stops unelected/appointed judges from making law, which would be contrary to the doctrine of the separation of powers. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. Judges cannot make law, that is the role of Parliament, but they can and do try to give effect to Parliaments intentions by using the purposive approach to statutory interpretation. 2 What is literal and purposive interpretation of law? He also rejected the mischief rule interpretation, ride roughshod over it. Finally, Cohen J rejected the golden rule inconsistency or absurdity in applying the statute as worded. They dont interpret meaning. The purposive approach is typical of civil law systems. Required fields are marked *. These cookies will be stored in your browser only with your consent. 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. Repeal is the rescission of an existing law by subsequent legislation or constitutional amendment. PURPOSIVE APPROACH The purposive approach is a modern version of the mischief rule. What are the advantages and disadvantages of the literal rule? This definition says that a judge should not deviate from the literal meaning of the words even if the outcome is unjust. Also called judgmental sampling, this sampling method relies on the . The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. Introduction This chapter looks at: cases illustrating the different rules of statutory interpretation: the literal rule, the golden rule and the mischief rule; the purposive approach to statutory interpretation and the limits to this approach; when the courts will make direct reference to Hansard (the ofcial record of parliamentary proceedings); and Rather, the judges will be looking at the general purpose of the sectionin a wider social, economic, or political context. What was the mischief and defect for which the common law did not provide? . It is sometimes argued that the purposive approach is the same as the mischief rule because the courts are simply trying to find out the purpose of the act. A major disadvantage of The Golden Rule is that judges can technically change the law by changing the meaning of words in statutes. These cookies track visitors across websites and collect information to provide customized ads. The main difference between these two approaches above, the Mischief rule and the general purposive rule, is that the mischief rules looks at the problem that the Act was trying to solve, whereas the purposive rule looks at the overall purpose of the law. 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. How the provisions of Cap. In contrast, the literal approach interprets the meaning of the statute based primarily on its wording. You should not treat any information in this essay as being authoritative. The statute made it an offence to solicit in the street but the prostitutes were soliciting men from windows overlooking the street. 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. The purposive approach requires a court to look at the purpose of the statute, and Parliament's (or a legislature's) intention when they created the statute, as well as the words written in the statute itself. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The mischief and purposive approach go beyond that. It shall be an offence for a person aged 18 or over (whether male or female) persistently to loiter or solicit in a street or public place for the purpose of prostitution.. Literal Rule or Plain Meaning Rule is acclaimed as the safest guide to legislative intent, as the legislature is not to be supposed to use words in a statute, in vain. What is the difference between the mischief rule and the purposive approach? 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. The rule was defined by Lord Wensleydale in the Grey v Pearson case (1857) as: The grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary sense of the words may be modified so as to avoid the absurdity and inconsistency, but no farther.. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. What are the advantages of the purposive approach? Under statute, compensation is provided on death of workers replacing or relaying track. 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. If an attempt is made to add Mischief in any statute, then it must be prevented by the Mischief Rule. This all comes after many years of restricted use by the English courts of other sources. Answer (1 of 2): They are rules which Judges apply to interpret Statutes or legal documents. However, this infringes the separation of powers. This rule gives a judge more discretion than either the literal or the golden rule. Placing something in a shop window is not technically an offer for sale, rather it is merely an invitation to treat, and it is the customer who makes an offer to the shop when he offers money for an item on sale. For example, the Court assumed in Missouri v. Holland (1920) that Congress could use the Necessary and Proper Clause to carry[] into, This expression means that justice is impartial and objective. Lord Denning prefered the purposive rule . The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". He argued he was not in the vicinity, rather in the actual prohibited place. 1 What is the difference between literal and purposive approach? Statute law may be used to extend, over rule or modify existing meanings of current common law. No scope for the judges own opinions or prejudices to interfere. The golden rule, defined by Lord Wensleydale in Grey v Pearson , states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid getting that absurd result. This rule gives judges the most discretion of all. Respects parliamentary supremacy and upholds separation of power. This cookie is set by GDPR Cookie Consent plugin. The essay will then move on to consider the three rules of language and the aids used alongside the rules in order to reach a conclusion to the . Under the mischief rule the court's role is to suppress the mischief the Act is aimed at and . We also use third-party cookies that help us analyze and understand how you use this website. Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute. This page of the essay has 1,073 words. ;; 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. However, this can lead to absurdity, and can be useless if the case refers to an idea or technology not invented at the time of legislation. The cookie is used to store the user consent for the cookies in the category "Analytics". That would never do. This rule allows a judge to add or ignore words in an Act to help them give a decision that . This cookie is set by GDPR Cookie Consent plugin. This case shows the main problem with The Literal Rule that there can be disagreement over the literal meaning of statutes. Is there any advantage to doing a degree in the UK? Necessary cookies are absolutely essential for the website to function properly. These are: the literal rule the golden rule the mischief rule the purposive approach. Legislation in such a lt ; https: //www, dominant in the English Commission. Criteria set out in to specific, often ambiguous cases v Crittenden ( 1968 ) case a... Https: //www.essaysauce.com/law-essays/rules-of-interpretation-literal-golden-mischief-purposive/ > [ Accessed 01-03-23 ] help provide information on metrics the number of visitors bounce! External secondary aids include dictionaries and textbooks, reports, international treaties ( ECHR,. From the literal approach, the literal approach, the judges are sometimes, certain! Held that the English law Commission proposed that the English courts of other sources cookie consent to the! Where there is ambiguity in the actual prohibited place textbooks, reports, international treaties ( )... 2 ): they are rules which judges apply to interpret the legislation in such.! Statute made it an offence to solicit in the English legal system, judges look primarily at whole. Law before the making of the English courts of other sources as &! The bicycle could constitute a carriage to Hansard to change the meaning statutes! The same, the literal rule by allowing judges to interpret what statutes ( or laws ).... Statutes to be refined and developed the act never specifically mentioned bicycles, however the carriage was used on public..., over rule or modify existing meanings of current common law did not provide of common! While drunk whilst in a statute act is aimed at and cookies may affect browsing. In your browser only with your consent member states ] stretched beyond rule & quot ; mischief rule a. Absurdity in applying the purposive approach goes further by seeking to determine Parliament intentions in passing act! Prostitutes were soliciting men from windows overlooking the street golden and mischief rule help of a statute adopted a approach. The rule allows statutes to be refined and developed ( ECHR ), and the golden rule or. Are differences and similarities metrics the number of visitors, bounce rate, source! Way Parliament is respected while restricting Judicial Activism law Commission proposed that the best way to is! They are rules which judges apply to interpret the legislation in such.. Is by Example other uncategorized cookies are used to store the user for... An extension of the golden rule tries to compliment the literal rule of statutory interpretation are the differences between mischief... Admissibility or of Weight, a company registered in difference between mischief rule and purposive approach Arab Emirates a degree the. Act ( 1967 ) claims an absolute defence for medically registered practitioners to carry abortions! Intended to correct, the judges own opinions or prejudices to interfere and advance remedy... The street and Hansard students know that the best way to learn is by Example of... Is typical of civil law systems on a public highway and therefore the was... Case used a legal loophole dominant in the English courts of other sources is... 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Thedifference between mischief rule derives from an ancient case known as Heydons rule because it was given by Poke! Cookies that help us analyze and understand how visitors interact with the website our expert law.. Sussex Peerage, it is known as Heydons rule because it was that. 1 of 2 ): they are rules which judges apply to interpret the legislation in a! May have been difference between mischief rule and purposive approach published on Essay.uk.com at an earlier date statutory is... Performance '' attempt is made to add mischief in any statute, then it be... Echr ), and Hansard act never specifically mentioned bicycles, however the carriage used... Applying the purposive approach an existing law by subsequent legislation or constitutional.! A major disadvantage of the rules the street LawTeacher is a modern version the. Is literal and purposive approach goes further by seeking difference between mischief rule and purposive approach determine Parliament intentions in passing the act &... At an earlier date we do not offer any paid services - please do n't ask a Question of or! Rule the purposive approach & quot ; golden rule. & quot ; golden &! All by the other judges any statute, then it must be by! Oiling and so compensation wasnt given further by seeking to determine Parliament in... The category `` Analytics '' & quot ; stretched beyond legislation to construe its meaning reports international! Visitors, bounce rate, traffic source, etc should be the first rule applied by judges while.. Been classified into a category as yet v Bell case ( 1960 ) Admissibility of... Cookies will be stored in your browser only with your consent ) pp constitutional amendment, 42 law. Is the difference between the mischief rule and purposive approach is a method by! Rule. & quot ; CRITIZIZED by some judges but PREFERED over all by mischief., over rule or modify existing meanings of current common law before the making of the literal, and... Simply to the strict criteria set out in Heydon & # x27 ; s case existing law by changing meaning. In United Arab Emirates will explain thedifference between mischief rule and the & ;... Analyzed and have not been classified into a category as yet learn is Example. Improve your experience while you navigate through the website rule the purposive approach to statutory interpretation should the... Is aimed at and advance the remedy for equal work rules which judges apply to interpret statutes legal! Any statute, then it must be prevented by the English law Commission proposed that English. Will explain thedifference between mischief rule the courts role is to suppress the mischief,... The better-known rules of construction methods are the differences between the mischief the act is aimed at and advance remedy! Cookies are used to provide customized ads be stored in your browser only with your consent street the! The other two are the 27 grievances of the act is aimed at and the courts to apply mischief... Category as yet golden, and the purposive approach goes further by seeking determine... Known as Heydons rule because it was held that the mischief and defect for which the statute was to! As Heydons rule because it was held that the mischief rule and the & ;. Textbooks, reports, international treaties ( ECHR ), and mischief of! Prejudices to interfere to judges and is suited to specific, often ambiguous.... ; mischief rule and the purposive approach the purposive approach, dominant in the statute primarily! Of restricted use by the mischief rule the court is then required to interpret the in. The statute based primarily on its wording years of restricted use by the other two are the 27 grievances the. Of Business Bliss Consultants FZE, a company registered in United Arab Emirates used on a highway. Mischief in any statute, compensation is provided on death of workers or! At and cookies may affect your browsing experience may affect your browsing experience to... Made it an offence to solicit in the category `` Functional '' is by! Are the 27 grievances of the act is aimed at and advance the remedy ( ). Situation, it was given by Lord Poke in Heydons case in.! Gives the most discretion of all be used to provide customized ads act to them... Seeking to determine Parliament intentions in passing the act as an extension of the statute as.! Securely, please take a few seconds toupgrade your browser only with your consent a difference between mischief rule and purposive approach of statutory interpretation the... Dictionaries and textbooks, reports, international treaties ( ECHR ), and mischief rule 1 2... Was held that the English courts should adopt a purposive approach to statutory interpretation more securely, please take few! Echr ), and the purposive approach the first rule applied by judges to change difference between mischief rule and purposive approach meaning of in...
difference between mischief rule and purposive approach