Disadvantages of the Purposive Approach

Question 1

What are the disadvantages of the purposive approach?

Answer 1

• May mean judges refuse to follow the clear words of Parliament.
• It’s difficult to discover the intention of Parliament.
• Leads to uncertainty in the law.

Question 2

What can show what Parliament wanted?

Answer 2

Solely the words of the statute.

Question 3

What may happen if judges refuse to follows the clear words of Parliament?

Answer 3

• Unelected judges may ‘make’ laws.
• They decide what they think the law should be.

Question 4

How does using the purposive approach lead to uncertainty in the law?

Answer 4

• Impossible to know when judges will use it and what result it might lead to.
• This makes it difficult for lawyers to advise clients on the law and result of their case.