Home › CS Executive › jurisprudence › Interpretation of Statutes › In *Heydon's Case* (1584), the Barons of the Exc…
In *Heydon's Case* (1584), the Barons of the Exchequer set out four things which must be discerned and considered for the 'sure and true interpretation' of statutes. Which of the following is NOT one of the four?
Answer & Solution
Correct answer: D.
1. ***Heydon's Case* (1584) [76 ER 637]** lays down the classical mischief rule. The four questions are:
2. (1) **What was the Common Law before the making of the Act**, (2) **What was the mischief and defect for which the Common Law did not provide**, (3) **What remedy Parliament had resolved and appointed to cure the disease of the Commonwealth**, and (4) **The true reason of the remedy**.
3. The fourth item is the **true reason of the remedy** — not the punishment under the new Act. Option D is the distractor.
4. Once these are answered, the judge adopts a construction that 'shall suppress the mischief and advance the remedy'.
_Source: ICSI CS Executive — Lesson 3, 'The Mischief Rule or Heydon's Rule', p. 86._
Related questions
Why does the ICSI material insist that a statute be construed 'in its context' rather thanRegarding the use of 'Parliamentary History' as an external aid in India, the position is Strict construction is to be applied to certain classes of statutes, while liberal (benefiWhat is the role of dictionaries as an external aid to statutory interpretation, accordingThe 'statement of objects and reasons' attached to a Bill, according to the ICSI material,The Rule of Harmonious Construction directs that a statute be read as a whole to avoid conThe maxim *Contemporanea Expositio Est Optima Et Fortissima in Lege* is invoked in statutoWhat is the modern view on the use of 'marginal notes' appended to sections of an Indian s