Describe The Purposive Approach To Statutory Interpretation Flashcards
What is the purposive approach to statutory interpretation?
The purposive approach is a modern, broad approach that considers what Parliament intended to achieve when passing the Act, reflecting the whole purpose and spirit of the Act.
Who suggested a two-tier test for the purposive approach?
Lord Simons in Maunsell v Ollins suggested a two-tier test: first, look at the purpose of the legislation, and second, interpret the words to reflect that purpose.
When did the purposive approach become more common?
The purposive approach became more common after the UK joined the European Union in 1973 and remains common even after leaving the EU.
What case confirmed that EU law was supreme to UK law?
The case of Factortame confirmed that EU law was supreme to UK law.
What broader context must judges consider in the purposive approach?
Judges must consider the broader context, including the concerns of the Government at the time the Act was created.
What is Hansard and how is it used in the purposive approach?
Hansard can be used to find out the purpose of the legislation, as established in Pepper v Hart.
What was the outcome of Registrar General ex parte Smith regarding the Adoption Act 1976?
The court held that Mr. Smith was not entitled to his birth certificate, as it was not Parliament’s intention to promote serious crime.
How did the purposive approach apply in Jones v Tower Boot?
The court held that Parliament’s intention was to remove racism in the workplace, thus the victim was entitled to compensation despite the employer’s argument.
What does S3 of the Human Rights Act state about legislation interpretation?
S3 states that legislation should be interpreted in a way that is compatible with the European Convention on Human Rights.
What was the significance of Godin-Mendoza v Ghaidan?
The case resulted in the interpretation of ‘living with the original tenant as his or her wife or husband’ to include same-sex partners, granting them the same rights as heterosexual couples.
