Sociology, asked by kaushikdoshi732, 3 months ago

which rule is also known as heyodon rule and mischief rule ​

Answers

Answered by BornCxnfused
4

Answer:

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

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.Aug 20, 2019

Answered by Anonymous
21
  • The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts. ... In applying the mischief rule, the court is essentially asking what part of the law did the law not cover, but was meant to be rectified by Parliament in passing the bill.
  • The mischief rule was established in Heydon's Case. 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.
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