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Heydon's Case (1584) 76 ER 637 is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation.The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
For example, if a law prohibits a specific behaviour "in the street", the legislators might – or might not – have intended the same behaviour on a first-floor balcony overlooking the roadway to be covered. The rule was first set out in Heydon's Case, a 1584 ruling of the Exchequer Court.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] 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.
Heydon's Case 76 ER 637 (1584) (Exchequer of Pleas): The first case to use what would come to be called the mischief rule for statutory interpretation. Darcy v Allein [1603] 77 Eng. Rep. 1260 (King's Bench): (most widely known as The Case of Monopolies): establishing that it was improper for any individual to be allowed to have a monopoly over ...
Stemming from Heydon's Case (1584), it allows the court to enforce what the statute is intended to remedy rather than what the words actually say. For example, in Corkery v Carpenter (1950), a man was found guilty of being drunk in charge of a carriage, although in fact he only had a bicycle. The final rule; although will no longer be used ...
When it comes before this House for the first time it is, I believe, in accordance with long precedent - and particularly with the resolution of all the judges in Heydon's case (1584) 3 Co.Rep. 7a. - that your Lordships should give such construction as shall advance the remedy and that is what your Lordships do today.
Pages in category "1584 in English law" The following 2 pages are in this category, out of 2 total. ... Heydon's Case; L. List of acts of the Parliament of England ...
1584 12 February – George Haydock, Catholic priest (executed) (born c. 1556) 10 March – Thomas Norton, politician and writer (born 1532) 10 July – Francis Throckmorton, conspirator against Queen Elizabeth I (executed) (born 1554) 12 July – Steven Borough, explorer (born 1525) 23 July – John Day, Protestant printer (born 1522) 1585