Pepper v hart  3 wlr 1032 the house of lords had to decide whether a teacher at a private school had to pay tax on the perk he received in the form of reduced school fees the teacher sought to rely upon a statement in hansard made at the time the finance act was passed. The mischief rule was only used when the literal rule created an ambiguity or absurdity the modern approach includes reference to the mischief rule as part of determining the purpose of the legislation mills v meeking (1990) applying the purposive approach post to cancel. To understand the meaning of words in a statute, courts have to understand the statute's intent the purpose of an act, ie why it was enacted and how it came to be, is not just a relevant factor.
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 ofﬁcial record of parliamentary proceedings) and. The purposive approach takes a broader approach than the mischief rule in that the court is not just looking to see what the gap was in the old law the judges are deciding what they believe parliament is trying to achieve – what is the purpose of the act. It therefore used the purposive approach and stated that miss pickstone was entitled to claim on the basis of work of equal value even though there was a male employee doing the same work as her when using one of the rules of statutory interpretation the courts may rely on a presumption or secondary aids to assist them in making their decision.
Application of the rule of purposive interpretation ii intention of the legislature iii mischief rule iv where rule not applicable i object oriented approach or purposive construction the main object of interpretation of statutes is to ascertain the intention of the legislature or of the enacting authority the question is not what may be. 42 the rules of statutory interpretation these are: the literal rule the golden rule the mischief rule the purposive approach these rules each take different approaches to interpretation of a statute some judges prefer one rule, while other judges prefer another some judges also feel that their role is to fill the. Answers fundamentals level – skills module, paper f4 (eng) corporate and business law (english) december 2013 answers however, it has to recognised that the purposive rule is not particularly modern and has its precursor in a long established rule of statutory interpretation, namely the mischief rule. Flawed rules of statutory interpretation the purposive approach is now regarded as the predominant approach to statutory interpretation in the uk some scholars may argue that the literal rule and golden rule have been cast aside. The purposive approach allows judges to look at the aims of the act in the current social context so unlike the mischief rule judges can develop the law to meet parliament’s intentions as perceived today.
The purposive rule allows judges to adapt the law to deal with relevant issues by using a broader approach, you can allow the law to cover more situations than if you applied the words literally this rule can lead to justice disadvantages [/li][li] makes the law less certain. The court applied the mischief rule holding that the activities of the defendants were within the mischief the act was aimed at even though under a literal interpretation they would be in a private place the mischief rule is similar to the purposive approach. The mischief rule when it is not clear whether an act falls within what is prohibited by a particular piece of legislation, the judges can apply the mischief rule this means that the courts can take into account the reasons why the legislation was passed what ‘mischief’ the legislation was designed to cure, and whether the act in question. Purposive rule research paper the purposive approach is one used by most continental european countries when interpreting their own legislation it is also the approach which is taken by the european court of justice in interpreting eu law. A purposive sample, also referred to as a judgmental or expert sample, is a type of nonprobability samplethe main objective of a purposive sample is to produce a sample that can be logically assumed to be representative of the population.
The historical source of purposive interpretation is the mischief rule established in heydon's case  purposive interpretation was introduced as a form of replacement for the mischief rule, the plain meaning rule and the golden rule to determine cases [6. Transcript of statutory interpretation - literal rule v purposive approach literal rule v purposive approach statutory interpretation starter activity recap activity debate statutory interpretation rules of language so lets bring the ideas together. Purposive approach the mischief rule is one of three rules of statutory interpretation traditionally applied by english courts 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. This chapter is dedicated to specific examples of purposive interpretation i address a variety of timely legal questions that courts in several different countries have struggled with in recent years: whether tips should be seen as part of the minimum wage which deductions can be made from the minimum wage for accommodation and related expenses what are the rights of apprentices, trainees.
Although the strict literal rule has been relaxed and the purposive approach has been given more emphasis in recent years, the basic rule that prima facie the natural and ordinary meaning of words in their context must be applied still stands. Video shows what purposive approach means the method of interpreting a statute whereby it takes the effect that its originating legislative body intended for it, essentially, enacting the spirit. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences the court interprets statutes using the following approaches: mischief rule (purposive approach). Purposive approach noun a theory of statutory interpretation which holds that a court should consider the purpose behind a piece of legislation when interpreting its meaning the system of relying on an extrinsic source in determining the true intention of the parliament is now seen as part of the purposive approach , the approach generally.
The purposive interpretation involves a rejection of the exclusionary rule the courts also generally adopt a purposive approach, favouring interpretations that promote the purpose or object underlying constitutional provisions 來自 wikipedia the first is the quantitative factor, and the second is the purposive 來自 hansard archive. Critical analysis of the literal, golden and mischief rule statute law is law which is written and that is set in place by a legislature statute law may be used to extend, over rule or modify existing meanings of current common law. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislator’s intention external sources such as the common law in determining the true intention of the parliament is now seen as part of the purposive approach,. There are two broad approaches to interpretation: the literal approach and the purposive approach the literal approach is dominant in the ukthe judge looks at the words in the statute and it is rare for him to look outside the act to find the meaning in contrast, the purposive approach looks beyond the words of the statute.