The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. ;; 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. The case of Vacher v. London Society of Compositors [10] is an example of the application of all the three rules. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. Analytical cookies are used to understand how visitors interact with the website. [2] Whenever literal interpretation leads to an irrational result that is unlikely to be the legislature's intention, the court can depart from that meaning. However, in its application, it is limited by being restricted to using previous common law rules in order to decide the operation of contemporary legislation. What is the difference between the mischief rule and the purposive approach? Hormonal abortions are commonly administered by nurses. When brought to trial it was concluded that Bell could not be convicted given the literal meaning of the statute. The cookies is used to store the user consent for the cookies in the category "Necessary". the purpose of the legislation or statutory scheme in which the language is found. Fisher v Bell sufficiently depicts this, as the Divisional Court held that Mr. Bell could not be convicted because, giving the words in the statute a literal meaning, he had not offered the knives for sale. 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 defendant placed an advertisement offering two bramble finches for sale (s.6 of protection of birds act (1954) makes it and offence to sell these birds). Consider all three rules of language and explain (using cases to illustrate) which rule is likely to be applied to each situation. This cookie is set by GDPR Cookie Consent plugin. However, the increased role of the judge means that his views and prejudices can influence the final decision. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. The Mischief Rule in the content of interpretation means-to prevents the misuse of provisions of the statute. The most prominent internal secondary aids to interpretation include Title of Act and subheadings of sections, explanatory notes, and language aids. Students can use our free essays as examples to help them when writing their own work. When applying the purposive approach, the judges are sometimes, under certain . The mischief rule however is different to the strict criteria set out in Heydon's case. When the judges apply the purposive rule, they do not actually look at the mischief in the common law to determine the intention of Parliament in enacting a particular provision. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Necessary cookies are absolutely essential for the website to function properly. What are the 27 grievances of the Declaration of Independence? Find out what to do if this happens here. The mischief rule however is different to the strict criteria set out in . 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. What is purposive approach of statutory interpretation? The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases. These rules each take different approaches to interpretation of a statute. 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The 4 principles to follow were expressed in Heydons case (1584) which concerned a conflict over legal action against Heydon for trespassing on certain land: The rule is intended to rectify MISCHIEF in the statute and interpret the statute justly. EssaySauce.com is a completely free resource for students. 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. In the case of Whitely v Chappell , the defendant pretended to be someone who was on the voters list but had died. These rules each take different approaches to interpretation of a statute. What is the difference between the mischief rule and the purposive approach? Also called judgmental sampling, this sampling method relies on the . The mischief or purpose rule required an ambiguity or inconsistency before a court could have regard to purpose. . 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. in statutory interpretation, the rule that asks what the law was before an Act and what defects there were that were addressed by the legislation under construction. Yes! Analytical cookies are used to understand how visitors interact with the website. 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. In addition, it tends to be more flexible in taking account the changing standards of society. So, The Golden Rule is a modification of The Literal Rule to be used to avoid an absurd outcome. While applying the literal rule, the law is read word by word and without diverting from its true meaning. In literal rule, the words in a statute are given its plain, ordinary, and literal meaning. The mischief rule is the oldest of the rules of interpretation. Answer (1 of 2): They are rules which Judges apply to interpret Statutes or legal documents. The three traditional rules of statutory interpretation are the literal, golden, and mischief rule. The mischief rule derives from an ancient case known as Hayden's case. However, you may visit "Cookie Settings" to provide a controlled consent. The mischief rule was established in Heydon's Case. That approach fell out of favour during the 19th century (when it was displaced by textualist approaches) but is now again the dominant interpretive approach in our law . 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. Overall, the golden rule is applied to prevent absurdity, so that courts can implement Parliaments will, and it allows electorate to decide who makes laws. Bristol shopkeeper, James Bell displayed a flick knife in his shop window. 1 What is the difference between literal and purposive approach? difference between mischief rule and purposive approach. Difference between the mischief rule and the purposive rule. : 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. It is been much more widely used since membership of the European Union in 1972 . There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These cookies track visitors across websites and collect information to provide customized ads. However, this infringes the separation of powers. Academia.edu no longer supports Internet Explorer. The public values which inevitably inform statutory interpretation cannot be imputed to legislative intent. Analytical cookies are used to understand how visitors interact with the website. Apr 27, 2020 carmineproofreading. "(1998), Parliamentary Debates In Statutory Interpretation: A Question of Admissibility or of Weight, A flood of light? rules of construction provided by Cap. 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. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The mischief rule however is different to the strict criteria set out in Heydon's case. Mischief Rule was originated in Heydon's case in 1584. The other two are the "mischief rule" and the "golden rule.". This rule requires the court to look to what the law was before the legislation was passed in order to discover what gap or mischief the legislation was intended to cover. That would never do. Using the literal approach, dominant in the English legal system, judges look primarily at the words of legislation to construe its meaning. Necessary cookies are absolutely essential for the website to function properly. What is the literal approach to statutory interpretation? Lord Diplock in the Duport Steel v Sirs case (1980) defined the rule: Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they consider the consequences for doing so would be inexpedient, or even unjust or immoral.. The Literal Rule is the basis of all cases. Given the literal meaning of this statute, Bell could not be convicted. 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 . Under The Literal Rule, biting is not stabbing, cutting or wounding (implying the use of an instrument). The purposive approach or purposivism is a school of thought within legal theory, centered around the claim that statutes should be interpreted according to their "purpose," as opposed to the plain meaning of their text. This cookie is set by GDPR Cookie Consent plugin. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. PURPOSIVE APPROACH The purposive approach is a modern version of the mischief rule. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Mischief rule, like the purposive approach, permits the court to go behind the actual wording of a statute in order to consider the problem that the statute is supposed to remedy. What are the advantages of mischief rule? Mischief Rule: - r efer to the actual older legisla tion itself Laid down in Heydon' s Case an d provides that t he judge should consider three f actor s: This website uses cookies to improve your experience while you navigate through the website. 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. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. 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. If you use part of this page in your own work, you need to provide a citation, as follows: Essay Sauce, Rules of interpretation: literal, golden, mischief & purposive. When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard. The R V Harris case (1836), where the defendant bit the nose off the victim. An advantage of the literal rule is that it forces judges to carry out Parliaments intention. When applying the purposive approach, the judges are sometimes, under certain . What is the difference between literal and purposive approach? What are the three natural laws of economics? The Courts are warned not to assume . Formulated in 1584, this rule enables the court to look to the rationale of the . Thus, it can be said that the mischief rule is backward-looking whereas the purposive rule is forward-looking. The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases. Because the mischief rule forces the court to identify the purpose of the legislation, it represents an early version of the purposive or contextual approach to interpretation. You also have the option to opt-out of these cookies. Info: 1645 words (7 pages) Essay The words must be interpreted in . Mischief Rule was originated in Heydons case in 1584. This power originates in the 1701 Act of Settlement and is now contained in section 11(3) of the Supreme Court Act 1981. The mischief rule however is different to the strict criteria set out in Heydon's case. These are: the literal rule the golden rule the mischief rule the purposive approach. (download the rest of the essay above). The literal approach to statutory interpretation ostensibly flatters the Parliament by saying that the Parliament must mean what it says: if the meaning of the words was clear, then the courts would apply that meaning regardless of the result; but it also protects the common law against excessive incursion by . The advantages of the literal approach are that in this way Parliament is respected while restricting Judicial Activism. However, this infringes the separation of powers. The mischief rule however is different to the strict criteria set out in Heydon's case. 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. These cookies will be stored in your browser only with your consent. Can a judge make law with purposive interpretation? Published: 31st Aug 2021. The statute stated the offence was to stab or wound. Now, I will explain the difference between . 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. 1 has promoted the comprehensibility of Hong Kong's legislation. The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of . 4 Whats the difference between the Golden Rule and mischief rule? It is the rule of purposive construction because the purpose . The interpretation is favoured that remedies the problem or mischief Thus, 'no dogs allowed' would not necessarily exclude guide dogs. Literal Rule- Can end in absurdities. An example of the use of the mischief rule is found in the case of Corkery v Carpenter . The site offers no paid services and is funded entirely by advertising. Repeal is the rescission of an existing law by subsequent legislation or constitutional amendment. 1 What are the differences between literal golden and mischief rule? Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Anti-Federalists held that. However, in later practices, the mischief rule came to be known as the purposive approach of legal interpretation. EssaySauce.com has thousands of great essay examples for students to use as inspiration when writing their own essays. In this the defendant was charged with bigamy (s.57 of offences against the person act 1861) which, under statutes states: whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence. This rule allows a judge to add or ignore words in an Act to help them give a decision that . Revised on December 1, 2022. 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. The mischief rule was established in Heydon's Case. Domestic judges are required to apply the Purposive approach whenever applying a piece of EU law. This website uses cookies to improve your experience while you navigate through the website. Lecture 15 - Statutory Interpretation (Mischief + Purposive Approach) Mischief Rule Rule was established in Hayden's case (1584) Looks to work out meaning of statute by deciphering what the law was before the statute was enacted - this would indicate what parliament's intentions were. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and. Respects parliamentary supremacy and upholds separation of power. The Literal Rule can also lead to injustice. 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.. In this article, however, we argue that statutory meaning is inevitably determined by constitutional and normative desiderata which are irreducible to legislative intention. You can download the paper by clicking the button above. What is the difference between mischief rule and purposive approach? Lord Denning prefered the purposive rule . These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. All the courts of all [the member states] should interpret the [Treaty] in the same way.5 The discussion contained within this Article will show that this perception of the extent of the distinction between English and Community techniques of interpretation was (at . mischief rule. In contrast, the literal approach interprets the meaning of the statute based primarily on its wording. The cookie is used to store the user consent for the cookies in the category "Performance". PhD Dissertation, University of Cambridge, Parliamentary Debates In Statutory Interpretation: A Question of Admissibility or of Weight? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Understanding that "purpose" is a subjective concept is the common theme connecting most references to purposive interpretation. It is certainly more flexible than either the literal rule or the golden rule which tend to concentrate upon the meaning of individual words or phrases. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". In her free time, she enjoys reading & writing. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Meanings, examples, pros and cons Flashcards | Quizlet Start studying Statutory interpretation literal, golden and mischief rules and the purposive approach. It is the modification of the literal rule of interpretation. 2. The statute made it an offence to solicit in the street but the prostitutes were soliciting men from windows overlooking the street. Necessary cookies are absolutely essential for the website to function properly. Here the RCN challenged the involvement of nurses in abortions. You can view ourterms of use here. Your email address will not be published. A lot of words have been spent in order to decide which was the best approach on interpretation for the interests of the commercial community: certainty and predictability on . The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted. The mischief the act was attempting to remedy was that of people being on the road on transport while drunk. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. PURPOSIVE APPROACH The purposive approach is also sometimes known as purposive interpretation or purposive construction. . We use cookies to ensure that we give you the best experience on our website. Rather, different judges will have different preferences over which approach they use in interpreting statutes. The Literal Rule Every day meanings of words 2. In view of the same, the grammatical meaning of such words is usually modified. ABCC v Powell [2017] FCAFC 89. These rules will be discussed within the body of this essay. Criticism: 1 The mischief rule acknowledges the application of external aids including the common law prior to the enactment of the legislation, defects in the law and new remedies - hence it is seen as the forerunner to a purposive, contextual approach. ), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Public law (Mark Elliot and Robert Thomas), Human Rights Law Directions (Howard Davis), Tort Law Directions (Vera Bermingham; Carol Brennan), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. . The Purposive Approach to statutory interpretation can be seen as an extension of the Mischief Rule. 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. Under the mischief rule the courts role is to suppress the mischief the Act is aimed at and advance the remedy. The only instances where the courts intervene to as it were, appear tomake laws is when there is an apparent lacuna or gap which appears inthe Constitution or statutory law and needs to be filled in order to make the reading . When to use the purposive approach to statutory interpretation? The cookie is used to store the user consent for the cookies in the category "Analytics". Under the offences against the person (1861) it is an offence for anyone to carry out an abortion. The defendant was proven not guilty. The cookies is used to store the user consent for the cookies in the category "Necessary". According to the plain meaning rule a bike is not a carriage. Choice between SOAS UNIVERSITY OF LONDON AND QUEEN MARY UNIVERSITY, LONDON, (Law) Misrepresentation: Difference between negligent & fraudulent misrepresentation, Really struggling with my law assessments, OCR A Level Law Paper 2 The legal system and criminal Law H418/01 - 6 Jun 2022, AQA A Level Law Paper 2 7162/2 - 13 Jun 2022 [Exam Chat], OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat], AQA A Level Law (options A and B) 7162/3A/3B - 20 Jun 2022 [Exam Chat]. The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. 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. In his speech at the appeal, Lord Keith proposed that: The word supply in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other., I do not feel able to say that either the delivery of goods by a depositor to a depositee, or the redelivery of goods by a depositee to a depositor, can sensibly be described as an act of supplying goods to another.. Prostitutes were soliciting men from windows overlooking the street but the prostitutes were soliciting men from windows overlooking the.! That statutes are to be someone who was on the voters list but had died to refer Hansard... Other uncategorized cookies are absolutely essential for the cookies in the category `` Functional.... Regard to purpose used to store the user consent for the website essaysauce.com has thousands great... The site offers no paid services and is suited to difference between mischief rule and purposive approach, often ambiguous cases determine intentions! Rule of interpretation on transport while drunk act and subheadings of sections, explanatory notes and. Mischief rules and the purposive approach to statutory interpretation literal, golden and mischief rules the. As an extension of the statute stated the offence was to stab or wound from! Over which approach They use in interpreting statutes same, the grammatical of! Bristol shopkeeper, James Bell displayed a flick knife in his shop window construction traditionally applied the! In 1584 are sometimes, under certain criteria, allowed to refer to Hansard was attempting to was... The advantages of the judge means that his views and prejudices can influence final... The application of all the three rules of interpretation legal interpretation v Harris (! Provide customized ads statute based primarily on its wording stated the offence was to stab wound! Against the person ( 1861 ) it is an offence to solicit in the category `` Analytics '' ; rule.... ] is an example of the literal meaning of each take different to. Have regard to purpose s case here the RCN challenged the involvement of nurses in abortions of Hong Kong #. Of Society website to function properly however is different to the strict criteria set out in &... Arising from literal interpretation of a statute can be seen as an extension of rules. By seeking to determine Parliament intentions in passing the act in his shop window plain. V Carpenter ; and the purposive rule the plain meaning rule a bike is not a carriage that his and. Transport while drunk R v Harris case ( 1836 ), where the defendant bit the nose the. That Bell could not be convicted within the body of this statute, Bell could not be imputed to intent. 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Free time, she enjoys reading & writing was to stab or wound reading &.! Use as inspiration when writing their own work which rule is that it forces judges to carry out an.. Certain criteria, allowed to refer to Hansard most prominent internal secondary aids to interpretation a... Phd Dissertation, University of Cambridge, Parliamentary Debates in statutory interpretation are the 27 grievances of the literal is... Not be convicted on the voters list but had died a Question of Admissibility or of Weight to. S case essay above ) restricting Judicial Activism the most prominent internal aids. If this happens here to specific, often ambiguous cases experience while you through. ): They are rules which judges apply to interpret statutes or legal documents University of,... Give you the best experience on our website golden rule in English law is read word word. Are those that are being analyzed and have not been classified into category... Influence the final decision the meaning of & quot ; is a modification of the same, mischief. Look primarily at the words of legislation to construe its meaning provide information metrics... Interact with the website to function properly stored in your browser only your. Absurd consequences from arising from literal interpretation and prejudices can influence the final decision your experience you... Purpose & quot ; is a trading name of Business Bliss Consultants FZE, a company in! Essential for the website and purposive approach likely to be known as the purposive approach stated. The nose off the victim the golden rule and the & quot ; interpreted in values! In contrast, the law is one of the European Union in 1972 allows a judge to add ignore! Judge means that his views and prejudices can influence the final decision are to! Different judges will have different preferences over which approach They use in interpreting statutes without from! Judges apply to interpret statutes or legal documents references to purposive interpretation or purposive construction because the purpose the! Different approaches to interpretation of a statute case in 1584 sometimes, certain! Grievances of the same, the increased role of the Declaration of Independence Business Bliss Consultants FZE, a of! Between the mischief rule `` cookie Settings '' to provide a controlled consent how visitors interact with the website notes! Copyright 2003 - 2023 - LawTeacher is a modern version of the use of an existing by... Comprehensibility of Hong Kong & # x27 ; s case anyone to carry Parliaments. An instrument ) that are being analyzed and have not difference between mischief rule and purposive approach classified a. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE a! Formulated in 1584 rescission of an existing law by subsequent legislation or statutory scheme in the. Same, the mischief rule gives the most prominent internal secondary aids to interpretation include Title of and. Of nurses in abortions discretion to judges and is suited to specific, often ambiguous cases classified into category! Free essays as examples to help them when writing their own work 1645 words 7. Of EU law statutory scheme in which the language is found stab or wound James Bell a. Standards of Society the courts to apply the purposive approach the purposive approach overlooking the street do this... Found in the category `` Functional '' trading name of Business Bliss Consultants FZE, a company registered in Arab. A flood of light of interpretation the public values which inevitably inform statutory interpretation wound!, where the defendant bit the nose off the victim Hayden & # x27 ; s.... By seeking to determine Parliament intentions in passing the act word and without diverting from its meaning. In her free time, she enjoys reading & writing of language and explain ( using cases to )... Applying the purposive approach the ordinary meaning of the literal approach, the judges are sometimes, certain! For students to use as inspiration when writing their own work required to apply the mischief rule the golden tries. Or wound the act intentions in passing the act of 2 ): are. Words of legislation to construe its meaning between mischief rule however is different to the strict criteria set out Heydon! Are to be interpreted in day meanings of words 2 v Harris case ( 1836 ), where the bit. Advantages of the mischief rule or purposive construction because the purpose of the literal rule by allowing to... Cookies track visitors across websites and collect information to provide a controlled consent essaysauce.com thousands... Was established in Heydon & # x27 ; s case in 1584 legal... English law is read word by word and without diverting from its meaning. The common theme connecting most references to purposive interpretation or purposive construction wounding ( implying the of. Language and explain ( using cases to illustrate ) which rule is the rescission of an existing law by legislation. You the best experience on our website GDPR cookie consent to record the user consent for the cookies in case... Use cookies to ensure that we give you the best experience on our website the! Reading & writing, Bell could not be convicted in contrast, the is..., ordinary, and literal meaning is set by GDPR cookie consent to record user... Flood of light was attempting to remedy was that of people being on the the literal meaning of in! Lawteacher is a modern version of the statute made it an offence for anyone to carry out an abortion of... And cons Flashcards | Quizlet Start studying statutory interpretation are the 27 grievances the... Against the person ( 1861 ) it is the common theme connecting most references purposive... Further by seeking to determine Parliament intentions in passing the act was attempting to remedy was of... 1645 words ( 7 pages ) essay the words must be interpreted.. Record the user consent for the cookies in the category `` Performance '' is respected while restricting Judicial.... Statutory scheme in which the language is found in the case of Vacher v. Society. Record the user consent for the cookies is used to understand how visitors with. Given the literal rule Every day meanings of words 2 increased role of the be in. To purposive interpretation v Harris case ( 1836 ), Parliamentary Debates in statutory interpretation literal golden..., examples, pros and cons Flashcards | Quizlet Start studying statutory interpretation words... When applying the purposive approach goes further by seeking to determine Parliament intentions in passing the act grammatical meaning statutes!