Ao3 Purposive Approach

Question 1

Expresses Parliament’s intent
(Advantage)

Answer 1

Judges uses extrinsic aid to investigate parliament’s intent and resolve any issue with the statue.
This upholds parliamentary sov as they are specifically looking for what was intended.

Question 2

Copes with unforeseen situation
(Advantage)

Answer 2

Purposive approach allows the judges to deal with situation which were unforeseen by parliament when making the act.
Ex parte smith : parliament intended to give rights to adopted children but didn’t consider the uterior motive of the child.

Question 3

Judical attitude
(Disadvantage)

Answer 3

Disagreement between judges as to whether the purposive approach should be used.
Lord denning was in favour and believed it the use was essential but other judges such as lord diplock and lord scarman felt it was parliament job to make amendment.

Question 4

Judical creativity of the law
(Disadvantage)

Answer 4

Judges fall outside of their constitutional role which creates conflict with the 3 principles of the english legal system.
Creates uncertainity and unascertainable under the rule of law.involves use of a legislative role affecting parliamentary sov / separation of power.