Purpose Approach Flashcards
what is meant by the purpose approach
It goes beyond the mischief rule in that the court is not looking at the gap in the law but the judge deciding what they think parliament was meant to achieve
who supported the rule
Lord denning
what did denning say about the purposive approach
In magor and st.mellons v newport corperation
“we sit here to find the intentions of the acts of parliament”
where else is the purposive approach used?
European legislation
Name all 4 cases for purposive approach
Royal college of nursing v DSS
R v Regester general (ex parte smith)
coltman v bibby tankers
fitzpatric v sterling housing assosiation
State the facts in Royal college of nursing v DSS
The abotion act (1967)
states termination of pregnancy is only to be carried out by a registered medical
practitioner. Abortions were carried out by drug and the second half a nurse. The aim was to prevent back street abortions and protect women to ensure they were treated properly
state the facts in R v Regester General (ex parte smith)
Adoption act (1990) At the age of 18 an adopted child may apply for a copy of birth certificate. The man was in a psychiatric ward but wanted to know who his mother was, however there was a safety risk in the best interests of his parents.
State the facts in coltman v bibby tankers
Employers act (1987) Man was killed at work when the ship sank. His representative said his death was caused by equipment faults. The court said they had to decide whether the word equiptment was in the employers act. Puprosive said it was
state the facts on fitzpatric v sterling housing association
Rent act
Homosexual couple lived in a house, one died. The act said only a married partner could take over the propety. If it was litteral the partner wouldn’t of taken over the house. Purposive said he can because he was marely family
What are the 4 advantages of the purposive approach
reflects parliments true intensions
avoids absurd results
judges can decide the purpose
less appeals
Give a wdp for ‘it reflects parliaments intentions’
Reflects parliament intentions
by looking extrinsic aids from law commision
allows original aim to be followed in the law
what are the 3 disadvantages of the purpose approach
uncertainty
judge made law
Wording of the law doesnt support the approach
against parlimentary supremecy
write a wdp for ‘the wording of the law doesnt support approach’
wording of the UK law does not support the approach meaning litteral can be used to reveal parliments intensions
no need for purposive
