0.7 - Purposive approach Flashcards
What is purposive approach?
It is a modern view of the rules of interpretation.
Purposive approach involves judges looking to see what the purpose of the law is when interpreting statute.
R v Registrar-General, ex parte Smith
The applicant had statutory rights to a birth certificate at 18, but it was suspected that he wanted this in order to find and murder his mother.
The court, despite the plain language in the Adoption Act 1976, applied the purposive approach saying: ‘Parliament could not have intended to promote serious crime’.
In Westminster City Council v French Connection Retail Ltd
The owner of a shop operated a loud-speaker in the street. Devices fixed to the windows broadcasted pop music into the street. The issue was whether this was a loud speaker ‘in a street’. The Court of Appeal found that as the window had been functioning as a loud-speaker, the outer face of the window was plainly in the street, even if the inner face was in the shop.
The object of the Control of Pollution Act 1974 was to prevent the public, enjoying a public right of way, from being assaulted by noise. D was convicted.
What are the advantages of purposive approach?
Gives effect to the true intention of Parliament.
Used to produce fair and reasonable outcomes
Consistency across Europe.
What are the disadvantages of purposive approach?
Allows of judicial creativity - can lead to inconsistent interpretations of Acts.
Risk of judicial law making which is undemocratic.
Finding the intention of Parliament can be difficult.
