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
