- Join over 1.2 million students every month
- Accelerate your learning by 29%
- Unlimited access from just £6.99 per month
Literal Rule Golden Rule and the Mischeif Rule
Are you in the right place?
Jump to Law and see how teachers think you should prepare in:
The first 200 words of this essay...
When judges interpret statute, they have three rules to follow. These are the literal rule, the golden rule and the mischief rule. The whole reason these rules are here is to interpret laws so that the legislation serves its purpose of which it was introduced. The rules examine the wording of the particular statute and are the most common approach of interpretation of the English legal system. The three rules take different approaches in the interpretation and some judges use one rule while another prefers to use another rule. That is why we have three rules not just one. This means that in English law the interpretation of statute may differ depending on which judge is hearing the case. Once an interpretation has been made, a judge can form a new precedent for future cases in the same area of law. Since the three rules can result in very varied outcomes, it is important to understand the three rules.
The LITERAL RULE means that judges will give the word its original and literal meaning even if the result is not sensible or unfair. It simple means the words of the act are clear then you must follow these
Found what you're looking for?
- Start learning 29% faster today
- Over 150,000 essays available
- Just £6.99 a month
Not the one? We have 100's more
English Legal System (view all)
- Explain the relationship between the common law (judge made ...
- Sources of English law.
- Discuss Dicey's three propositions on the concept of the Rul...
- Does English Law Recognise a Duty to Bargain in Good Faith?
- Does the law of nullity continue to have any valuable role t...
- Principles of UK constitution + express & implied repeal
- In Wades analysis, what are the arguments in favour of each ...
- English legal history - anti-slavery and the case Gregson v ...
- Identify the most significant roles performed by the trial j...
- The Governments consultation paper on the reform of Legal Ai...
""Gemma Haysman. Chemistry, Physics, Biology, Maths. GCSE Student.
""M Singh. English. A Level Student.