What is a purposive approach to statutory interpretation?
The purposive approach has its roots in legal systems based on civil codes. It is a method of statutory interpretation which considers the purpose of the provision and interprets the provision in accordance with that purpose.
Which of the following is an example of the purposive approach to statutory interpretation?
The purposive approach more readily embraces the use of extrinsic aids to assist in finding Parliament’s intention. For example in relaxing the rule on reference to Hansard in Pepper v Hart the House of Lords adopted a purposive approach.
What is the purposive approach UK law?
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a …
What are the advantages of the purposive approach?
Purposive Approach
| Purposive Approach | |
| Advantages leads to justice in individual cases allows for new developments in technology avoids absurd result | Disadvantages difficult to find Parliament’s intention allows judges to make law leads to uncertainty in the law |
| Evaluation |
What is the purposive approach rule in law?
The term purposive approach refers to a mischief rule which judges sometimes apply when interpreting statutes. It is sometimes argued that the purposive approach is the same as the mischief rule because the courts are simply trying to find out the purpose of the act.
When can the purposive approach be used?
The purposive approach is one used by most continental European countries when interpreting their own legislation. It is also the approach which is taken by the European Court of Justice in interpreting EU law.
How is the purposive approach used?
What is meant by purposive approach in law?
The purposive approach sometimes referred to as purposive construction, purposive interpretation, or the “modern principle in construction” is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (that is, a statute, a part of a statute, or a clause of a …
What is meant by purposive approach?
What are the approaches to statutory interpretation?
These are known as the Literal Rule, the Golden Rule and the Mischief Rule.
What is a golden rule approach of statutory interpretation?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.