Advantages of the Purposive Approach Flashcards
1
Q
What are the advantages of the purposive approach?
A
- Leads to justice in individual cases.
- Gives judges more discretion than using the literal meaning of words.
2
Q
How does the purposive approach lead to justice in individual cases?
A
It’s a more broad approach, which allows the law to cover more situations than applying words literally.
3
Q
What’s the advantage of the purposive approahc giving judges more discretion than using the literal meaning of words?
A
Allows judges to avoid the literal meaning where it would create an absurd situation.
4
Q
What would have likely been the outcome in Whiteley v Chappell if the purposive approach was used?
A
- The judges would have decided that Parliament’s intention was to prevent people voting in another person’s name.
- D would have been found guilty.