Mischief Rule A03 Flashcards
What are the 4 WDPs for the mischief rule
+Flexibility
+More consistent with legislative intent
-Gives judges too much power
-Too broad
+P1: judges can ignore the wording of the statute
for a satisfactory outcome
+DP1: allows judges to not be restricted to the strict words and instead identify the intent behind the statute (case)
Smith v Hughes mischief used to convict the prostitutes
-WDP1: Outdated, developed in the 16th century when…
common law was more important than statute = inconsistencies in the 21st century
+P2: Seeks to identify the intent of the statute
leads to consistent application of the law
+DP2: Judges can utilise their expertise (case)
RCN v DHSS where the interpretation of the Abortion Act was seen in a more modern light - mischief allowed nurses and midwives to have a more active role in abortion procedures = justified
-WDP2: can create uncertainty
lack of predictability in how a judge will interpret the law
-P3: too much judicial discretion
may let their own moral beliefs influence interpretation = problematic
-DP3: lack of consistency across cases
each judge will try to interpret parliament’s intent differently
+WDP3: used to adapt the meaning of a statute to changing circumstances
ensures the statute continues to serve its intended purpose
-P4: subjective + too broad
creates uncertainty
-DP4: identification of mischief
subjective - inconsistent results
+WDP4: stresses the importance of parliamentary intent
respects parliamentary sovereignty
