Purposive Approach Flashcards
What is the purposive approach in statutory interpretation?
The purposive approach is a broad, modern approach that enables the judge to consider what Parliament was intending to achieve when passing the Act, reflecting the whole purpose and spirit of the Act.
What two-step test did Lord Simons suggest in Maunsell v Ollins for using the purposive approach?
The two-step test involves first looking at the purpose of the legislation and then interpreting the words in the Act to reflect that purpose.
Why did the purposive approach become more common after the UK joined the European Union in 1973?
The purposive approach became more common because EU law emphasized the interpretation of laws based on their purpose, and it has continued to be used even after the UK left the EU.
Which case confirmed that EU law was supreme to UK law, influencing the use of the purposive approach?
The case of Factortame confirmed that EU law was supreme to UK law.
What broader context must judges consider when using the purposive approach?
Judges must consider the broader context in which the law was created, including the concerns of the Government at the time the Act was passed.
What tool can judges use to find out the purpose of legislation when using the purposive approach?
Judges may use Hansard (as established in Pepper v Hart) to find out the purpose of the legislation.
How did the court use the purposive approach in Registrar General ex parte Smith?
The court interpreted the Adoption Act 1976 to deny Mr. Smith access to his birth certificate because, considering the Act’s purpose, Parliament did not intend to promote serious crime, and Mr. Smith might harm his natural mother.
What was the issue in Registrar General ex parte Smith, and how did the court resolve it?
Mr. Smith, who had committed two murders and suffered from psychotic illness, sought access to his birth certificate. The court held that Parliament’s intention in the Adoption Act was not to promote serious crime, so he was not entitled to the certificate.
How did the court use the purposive approach in Jones v Tower Boot?
The court interpreted the Race Relations Act 1976 to allow the victim of racial abuse in the workplace to claim compensation, reflecting Parliament’s intention to remove racism from the workplace, even though the abuse wasn’t part of the ‘course of employment.’
What was the employer’s argument in Jones v Tower Boot, and how did the court rule?
The employer argued that racism was not part of the ‘course of employment’ and thus not liable. The court ruled that the broad purpose of the Race Relations Act was to remove racism in the workplace, so the victim was entitled to compensation.
What is Section 3 of the Human Rights Act?
Section 3 of the Human Rights Act states that, as far as is possible, legislation should be interpreted in a way that is compatible with the European Convention on Human Rights.
How did the court interpret the phrase ‘living with the original tenant as his or her wife or husband’ in Godin-Mendoza v Ghaidan?
The court interpreted the phrase as ‘as if they were his or her wife or husband,’ which allowed same-sex partners to have the same rights as heterosexual couples.
What is the main difference between the purposive approach and the mischief rule?
The purposive approach focuses on the entire purpose and spirit of the Act, while the mischief rule focuses specifically on the defect or problem Parliament intended to resolve.
Why is the purposive approach considered a ‘broad’ approach to statutory interpretation?
It allows judges to consider the overall purpose of the legislation, including social, political, and historical context, rather than strictly following the letter of the law.
What role does Parliament’s intention play in the purposive approach?
Judges interpret the law to reflect what Parliament aimed to achieve when passing the Act, often looking beyond the text of the law.
In the case of Jones v Tower Boot, what was Parliament’s intention when passing the Race Relations Act 1976?
Parliament intended to remove racism from the workplace, leading the court to rule that the victim of racial abuse was entitled to compensation.
In the case of Registrar General ex parte Smith, how did the court balance the purpose of the Adoption Act with the facts of the case?
The court balanced the purpose of the Adoption Act, which aimed to reunite adoptees with birth families, against the risks posed by Mr. Smith, deciding that Parliament did not intend to promote such risks.
What is the significance of the case Pepper v Hart regarding the purposive approach?
It established that judges can refer to Hansard to discover legislative intent, allowing for broader interpretation under the purposive approach.
What is meant by ‘course of employment’ in Jones v Tower Boot?
‘Course of employment’ refers to actions taken by an employee within their job duties; the court ruled that racial abuse was part of this.
What legal change did the case Godin-Mendoza v Ghaidan bring regarding same-sex partnerships?
It resulted in a broad interpretation of ‘living with the original tenant as his or her wife or husband,’ granting same-sex couples the same housing rights as heterosexual couples.
In what way did the case of Factortame influence the use of the purposive approach?
Factortame confirmed that EU law takes precedence over UK law, influencing the adoption of the purposive approach in interpreting UK statutes.
How does the purposive approach help to reflect the ‘spirit’ of an Act?
It ensures judges interpret laws in a way that matches the underlying purpose or goal of the legislation, even beyond the literal meaning of the words.
What is the role of extrinsic aids when using the purposive approach?
Extrinsic aids, such as Hansard or committee reports, help discover the intention behind legislation and assist judges in aligning interpretations with Parliament’s aims.
Why is the purposive approach important in the context of modern legal challenges?
It allows the law to adapt to contemporary issues and changing social norms, ensuring legislation remains relevant and effective.
