A Level Law Practice Exam

What is a major disadvantage of the mischief rule?

1. It relies too much on the history of law

2. It can lead to increased judicial power at the expense of Parliament

3. It clarifies the intention of Parliament

4. It is suitable for both modern and historical legislation

The correct answer is: It can lead to increased judicial power at the expense of Parliament

The mischief rule is a method of statutory interpretation that focuses on identifying the intention behind a law at the time it was created. A significant disadvantage of this approach is that it can lead to increased judicial power, potentially overriding the explicit will of Parliament. When judges interpret legislation based on perceived intentions rather than the words of the law itself, they may make decisions that effectively alter the meaning or application of the statute. This dynamic raises concerns about the separation of powers, as it shifts some legislative authority from elected representatives to appointed judges. In contrast to the mischief rule, other approaches to interpretation, such as the literal or golden rules, maintain a more significant adherence to the text of the law itself, thereby preserving parliamentary sovereignty and limiting judicial encroachment. This distinction highlights why the ability of judges to reshape the application of laws can be seen as a crucial drawback of relying on the mischief rule.