Heydon's Case (The Mischief Rule)
Автор: Anthony Marinac
Загружено: 2021-09-17
Просмотров: 11810
In this, the first of my ten minute casenotes, we look in more depth at the background to Heydon's Case, the case which established the "Mischief Rule" of statutory interpretation, digging into why the particular statute was made, why the courts found it difficult to interpret the statute, and how the courts established the four rules which constitute the mischief rule: Identify the pre-existing common law, identify the mischief the parliament was trying to correct; identify the remedy the parliament has chosen; and interpret the legislation in a way that supports the remedy.
Want something more succinct? Try my two minute casenote on this case, which can be found here: • Heydon's Case (The Mischief Rule)
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