Purposive Approach

Question 1

Reason

Answer 1

Updated version of mischief rule, doesn’t require problem with previous law. Instead akss purpose of law and makes decision to meet purpose
Gives judges more flexibility, requires use of extrinsic aids to find purpose (e.g. Hansard)
However controversial as requires judges to amend law, which is parliaments job

Question 2

Used by

Answer 2

Used by European court of justice due to translation rules making literal / golden too complex
Means it is now favored by UK judges in recent decades to ensure consistency

Question 3

R(Quantavelle) v HFEA

Answer 3

Human Fertilisation and Embryology Act 1990 made it possible to carry out scientific research into fertilised embryos. HFEA did research on cloned embryos - pro life alliance challenged this due to ethical concerns about cloning. Purposive approach used to allow research - purpose of law was to allow scientific investigation

Question 4

R v Registrar General ex parte Smith

Answer 4

Act allowed adopted people to access their birth certificate aged 18 - purpose to reconnect with birth parents. Prisoner wanted to access it but had clearly shown intention to kill birth mother, denied as not in line with purpose of act