Purposive Approach Flashcards
Which rule has it developed from
Mischief rule
Why is the purposive approach needed
Because not all statutes plug gaps left by common law
What does the purposive approach use
Intrinsic and extrinsic aids
Which extrinsic aid is especially used
Hansard
What is the aim of the approach
To find the intention of parliament
Which case allowed the use of Hansard
Pepper v hart
The courts must consider this of the statutes
The context e.g what were the concerns of parliament and government at the time the act was created
Judges go out of their way to enable the statute to
Work
Which judge favoured this approach
Denning
What should always be considered before jumping in with the literal rule
The purpose of the statute
What are unlike other statutes because they are written in broad terms and set out broad principles
Human rights act and European communities act
Which rule is not appropriate for the human rights act and the European communities act
Literal rule
The purposive approach has to be used to interpret eu and human rights act so they might have to do what to the ordinary meaning of a word
Distort it
What are judges who use the purposive approach more concerned with
The spirt of the law rather than the letter of it
Why is the purposive approach important to us
Because EU law is vague and simple
What did scar an argue
The only way to find parliaments intention is apply the actual meaning of the word
Name cases linked to the purposive approach
R v registrar general ex parte smith
R v Z et al
R (Quintavalle) v Secretary of State
Which act was concerned in r v registrar
Adoption act which stated the registrar general shall supply information to an adopted person 18 or over in order to help them obtain their birth certificate providing he correct procedures are followed
Why was smith not given information
Double murderer who could be a danger to his natural mother
Under the literal rule would smith have been supplied with his birth certificate
Yes
What did the purposive approach say
He shall not be supplied as parliament could never have intended to promote serious crime
Which act was r v z covering
Terrorism act
What were the men charged with in r v z
Belonging to an illegal terrorist group in Northern Ireland
Why were the men acquitted in the court of first instance
Because they claimed to belong to the real ira which was not listed in the act only the ira was listed
What happened to the men on appeal on r v z
Reversed in House of Lords
Which act is Quintavalle concerned with
Human embryology and fertilisation act
Which technique was used in the case
CNR
What did the act state and embryo was
A living human embryo where fertilisation is complete
Under the literal rule CNR would not be classed as an embryo why
Because fertilisation was not used
What was decided in he house of Lord in Quintavalle
That CNR would be classed as an embryo and to say otherwise would frustrate the intention of parliament
