1,427
10
Essay, 2 pages (300 words)

Discuss the strengths and weaknesses of the mischief rule essay

A strength of the mischief rule is that it helps to avoid absurd or harsh results. This is good because someone can be charged with something but if the literal rule was applied they could get away, but if the mischief rule is applied then the judge can change the meaning of the word and they wouldn’t get away with it. This happened in Smith v Hughes when prostitutes were soliciting men from a balcony but the act said they couldn’t do it from the street.

The judge changed the law so they prosecute them. Another strength of the mischief rule is that it is flexible because judges can decide what Parliament intended. A case which uses the mischief rule and shows that it has flexibility is Royal College of Nursing V DHSS. The wording of the Abortion Act stated that pregnancies must be terminated by a medical professional, which didn’t include nurses, but nowadays with modern technology nurses can actually do one of the processes in an abortion.

But the mischief rule does come with its disadvantages. A disadvantage of the mischief rule is that it gives too much power to judges because judges shouldn’t make law, it is up to Parliament. A case which uses the mischief rule and shows that judges have too much power because they are making law is Smith V Hughes. Under the street offences act it was an offence to solicit in the street or a public place. So prostitutes solicited men from their balconies.

But they judge changed the act so that the prostitute could be prosecuted – This shows their power. The final disadvantage is that the mischief rule can be difficult to find in an case. How can judges decide what parliament intended when they weren’t present when the Act was made. This means that the judges won’t know what parliament intended when they interrupted the act so they have to take a guess and interpret the act themselves and so this could lead to them interpreting the act incorrectly.

Thank's for Your Vote!
Discuss the strengths and weaknesses of the mischief rule essay. Page 1
Discuss the strengths and weaknesses of the mischief rule essay. Page 2
Discuss the strengths and weaknesses of the mischief rule essay. Page 3

This work, titled "Discuss the strengths and weaknesses of the mischief rule essay" was written and willingly shared by a fellow student. This sample can be utilized as a research and reference resource to aid in the writing of your own work. Any use of the work that does not include an appropriate citation is banned.

If you are the owner of this work and don’t want it to be published on AssignBuster, request its removal.

Request Removal
Cite this Essay

References

AssignBuster. (2022) 'Discuss the strengths and weaknesses of the mischief rule essay'. 29 September.

Reference

AssignBuster. (2022, September 29). Discuss the strengths and weaknesses of the mischief rule essay. Retrieved from https://assignbuster.com/discuss-the-strengths-and-weaknesses-of-the-mischief-rule-essay/

References

AssignBuster. 2022. "Discuss the strengths and weaknesses of the mischief rule essay." September 29, 2022. https://assignbuster.com/discuss-the-strengths-and-weaknesses-of-the-mischief-rule-essay/.

1. AssignBuster. "Discuss the strengths and weaknesses of the mischief rule essay." September 29, 2022. https://assignbuster.com/discuss-the-strengths-and-weaknesses-of-the-mischief-rule-essay/.


Bibliography


AssignBuster. "Discuss the strengths and weaknesses of the mischief rule essay." September 29, 2022. https://assignbuster.com/discuss-the-strengths-and-weaknesses-of-the-mischief-rule-essay/.

Work Cited

"Discuss the strengths and weaknesses of the mischief rule essay." AssignBuster, 29 Sept. 2022, assignbuster.com/discuss-the-strengths-and-weaknesses-of-the-mischief-rule-essay/.

Get in Touch

Please, let us know if you have any ideas on improving Discuss the strengths and weaknesses of the mischief rule essay, or our service. We will be happy to hear what you think: [email protected]