Purposive Approach Flashcards
What is it
They are deciding what parliament meant to achieve
Looks at the Spirit rather than the letter of the law and tries to give effect to the wider purposes of the law
Carter v Bradbeer(1975)
Boost in approach coz of European Union as this is the method used in interpreting European law
Jones v tower boot company (1997)
Black bullied at work
Sued under Race relations act (1976)
Wrong coz not done in the course of their employment.
Appeal COA won because the broad purpose was to eliminate discrimination and to compensate victims and punish perpetrators
Employers liable
R v Registra-General, ex parte Smith (1990)
Murderer with mental health problems
Find mother adoption act 1976
Registrar refused
Court held that contrary to the purpose of the act, cannot provide information to someone who might as some stage use it to cause harm
R (Quintavalle) v Secretary of the State for Health (2003)
Court had to decide whether CNR cell nuclear replacement a form of human cloning using a human egg and a donors cell were regulated by the Human Fertilisation and Embryology act 1990.
Act for sperm
Said no- couldn’t be licensed by HFEA HUMAN FERTILISATION AND EMBRYOLOGICAL AUTHORITY.
Appeal says yes CNR embryos were within the same ‘genus of facts’ as natural fertilisation and allowed the HFEA to license the research
Advantages of purposive approach
Gives effect to parliaments true intentions
Extensive use of extrinsic AIDS to ensure an accurate and informed view of Parliaments intentions is established
It avoids all the absurd, unjust, and harsh outcomes of the literal approach and avoids the destructive analysis of language
Disadvantages of purposive approach
Judicial freedom= goes against separation of powers Snd supremacy of Parliament
Can only be used if parliaments intentions are identified
Suited for European law but less so for the more detailed she precise structure of English legislation
