Evaluation

• Advantage Promotes purpose of the law

  Encourages judges to look back at the gap in law which the act was designed to cover . This can be seen in Royal College of nursing v DHSS nurses were allowed to carry out abortions safely whilst still avoiding dangerous back street abortion . Advantage because rule is more likely to produce results which parliament intended and deals with any errors or oversights in the wording of an act.
• Advantage Just results

  • mischief rule produces just results . Law commission prefers mischief rule over any other as so long ago 1969 reccomend it should be the only rule used in statutory interpretation. Described as being rather more than satisfactory as not producing absurd results . Can be seen in Smith v Hughes .
  • Advantage because application of law is likely to be much fairer removes need for parliament to go back and amend law
• Advantage because the rule offers an alternative to literal and golden rule but one which is narrower than purposive approach allowing judges to show more respect for Parliament sovereignty
• Disadvantage Limited

  rule only allows judges to look back and not forward for example Dpp v bull when interpreting the street offences act the courts looked to the wolfeden report since the report only refers to female prostitues (d was male) was found not guilty . This is a disadvantage because it cannot be used for general consideration of purpose of law
• Disadvantage Judicial Law making

  mischief rule allows for judicial law making. Often using judges are able to ignore clear wording of act . Lord Edmund David criticised the approach in Royal college of nursing v DHSS as redrafting with a vengeance . Disadvantage because it goes against idea of parliament sovereignty and is undemocratic
• Disadvantage

  • leads to unpredictability. Finding what the mischief was the act was trying to remedy isnt always easy. Requires research into old laws and reports on reform
  • Judges interpretation of what the mischief was and what the act was trying to remedy can be different (seen in RCON v DHSS)
  • disadvantage because uncertainty makes it difficult for lawyers to advise clients