![]() ![]() This rule has often been used to resolve ambiguities in cases in which the literal rule cannot be applied but associated problem is that the fact that this rule helps achieve that the use of this rule is limited due to Parliamentary intent. ![]() Legislative intent is determined by examining secondary sources, such as committee reports, treatises, law review articles and corresponding statutes. It can be argued that this undermines Parliament’s supremacy and is undemocratic as it takes law-making decisions away from the legislature. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent. Editor’s Note: The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. ![]()
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