mischief rule

• What is the mischief rule?

  Judges should look at what mischief the act was trying to stop or the gap in the old law.
• What are the advantages of the Mischief Rule?

  • Promotes the purpose of law as it doesn't just rely on the literal meanings of the words contained with it.
  • Judges will try to interpret the law in the way that Parliament intended it to work.
  • By concentrating on "filling in the gaps" in old laws, it's more likely that a just result will occur.
• What are the disadvantages of the Mischief Rule?

  • Risk of judicial law making. Unelected judges are filling in gaps in the law with their own views on how the law should remedy particular situations.
  • Can lead to uncertainty in the law.
  • It's limited to looking back at old law and filling in gaps rather than looking for a more general consideration of what the law actually is.