Purposive Approach A03

Question 1

What are the 4 WDPs for the purposive approach

Answer 1

+Modern
+Use of extraneous material
-Judicial activism
-Suitability

Question 2

+P1: can be used to adapt the interpretation of a statute to changing circumstances,

Answer 2

ensures the statute continues to serve its purpose

Question 3

+DP1: Fitzpatrick v Sterling

Answer 3

PA used to ensure that the deceased’s partner had the same entitlements of a homosexual couple in regard to transferal of tenancy

Question 4

-WDP1: doesn’t respect parliamentary sovereignty

Answer 4

problematic, judges should apply the law and the PA gives too much power

Question 5

+P2:extrinsic aids encourages wider context to be considered and…

Answer 5

aids a stronger basis to reach an outcome

Question 6

+DP2: Pepper v Hart

Answer 6

use of hansard helped in reaching a justified and reasoned outcome

Question 7

-WDP2: cost of researching the background of case

Answer 7

increased expense of court cases, long delays

Question 8

-P3: can lead to judges substituting their own opinions and..

Answer 8

policy judgements instead of legislative intent - problematic

Question 9

-DP3: subjective interpretations

Answer 9

variety of conclusions → lack of predictability

Question 10

+WDP3: seeks to identify legislative intent

Answer 10

leads to a more accurate outcome than the rigid limitations of the literal rule

Question 11

-P4: not suitable for all cases

Answer 11

no clear parameters = uncertainty

Question 12

-DP4: more suitable for the interpretation of the…

Answer 12

ECHR with the living instrument principle

Question 13

+WDP4: encourages judges to take a broader view of the law with wider context

Answer 13

more equitable interpretations, prioritises the impact of effected parties