Statutory interpretation- PURPOSIVE APPROACH

Question 1

THE PURPOSIVE APPROACH?

Answer 1

The purposive approach requires the court to work out the general purpose of Parliament passing the Act and then interpret the Act to fulfil that purpose.

Question 2

EX PARTE SMITH?

Answer 2

The court held that it would go against the general purpose of the statute to provide information to someone who might, at some stage, use it to cause harm.

Question 3

ADVANTAGES OF THE PURPOSIVE APPROACH?

Answer 3

This modern approach helps to avoid an absurd and unjust outcome to a case. It is more likely to respect the wishes of Parliament since it seeks to find and fulfil the general purpose of Parliament.

Question 4

DISADVANTAGE OF THW PURPOSIVE APPROACH?

Answer 4

Whilst it is suited to the interpretation of European Law, it is less suited to the more precise and detailed structure of English legislation.