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.
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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.

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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.

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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.
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