PAPER 1 PURPOSIVE APPROACH SI

Question 1

What does the purposive approach focus on?

Answer 1

What parliament intended when passing the new law

Question 2

What has the purposive approach been adopted to?

Answer 2

To comply with an EU method of interpreting laws

Question 3

The preference for the purposive approach was extended to UK legislation by who?

Answer 3

The House of Lords in Pepper v Hart

Question 4

What happened in Jones v Tower Boot Co?

Answer 4

A black employee had been racially abused whilst at work but the company argued that these acts weren’t within the course of employment.

Question 5

What could the company in Jones v Tower Boots Co not be held liable under?

Answer 5

S.32 of the race relations act 1976

Question 6

But in the Jones v Tower Boot Co the court of appeal decided that Parliament’s intention when passing the act was to what?

Answer 6

Eliminate discrimination in the workplace and therefore this requires a wide interpretation of the selected phrase

Question 7

Advantages?

Answer 7

Flexible can avoid injustice and promote fairness
Get behind the wording and apply spirit of the act giving effect the will of parliament
May save parliament time if apply intention of parliament
Acknowledges need to take recent developments into account
Promotes consistency in courts to ensure fairness

Question 8

Disadvantages?

Answer 8

Uses unreliable external aids
Can easily lead to judges making law
May misinterpret parliaments intention
Inconsistency can lead to complaints about legal advice