Becke v. Smith
Rule established
The preamble of a statute is a key to open the mind of the Legislature and the mischiefs it intended to redress. Where the enacting words are ambiguous, the preamble may be used to ascertain the purpose and scope of the Act.
Facts
- Statutory provision was ambiguous on its face
- Two competing constructions were argued
- Court considered whether the preamble could resolve the ambiguity
Issue
- Whether the preamble of a statute can be used to interpret ambiguous enacting words.
Held
- The preamble is "a key to open the mind of the makers of the Act and the mischiefs which they intended to redress"
- Where enacting words are clear, the preamble cannot restrict or expand them
- Where they are ambiguous, the preamble resolves the ambiguity by revealing legislative purpose
Ratio Decidendi
The preamble of a statute is a legitimate internal aid to construction. It is a key to open the minds of the lawmakers and disclose the mischiefs they intended to remedy. It cannot override clear enacting words but resolves ambiguity.
How to use it in an exam
- Stock quotation for internal aids (preamble)
- Paired with AG v Prince Ernest Augustus (1957) on same point
- Key line: "In Becke v. Smith (1836), the court held that the preamble is 'a key to open the mind of the makers of the Act and the mischiefs which they intended to redress.'"
Source
Source: (1836) 2 M & W 195
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.