The Purposive Approach Flashcards
What does the purposive approach do?
Requires judges to look at what Parliament intended when making an Act and to put that intention into effect; they are looking at the purpose of the Act.
What did Lord Denning say about the purposive approach?
Lord Denning says that judges can fill in the gaps with this rule.
This rule has been used more to help interpret European Law.
What is one advantage and disadvantage of the purposive approach?
The purposive approach allows the most flexibility to avoid absurd outcomes, but is hugely uncertain by ignoring the words of an Act.
Case for purposive approach 1?
Jones v Tower Boot Company
What does the Race Relations Act 1976 say?
Made employers liable for actions of its employees done during the ‘course of employment’.
What happened in the case of Jones v Tower Boot Company?
V was being racially abused at work. D argued that his employees weren’t employed to harass Jones, and therefore weren’t literally in the course of employment when doing so.
How did the courts rule in Jones v Tower Boot Company?
To let D off here would defeat the point of the Act - to prevent discrimination and promote equality in the workplace.
Therefore, the court put Parliament’s intention into effect by finding D liable, as this would prevent racism which was the purpose of the Act.
Case for purposive approach 2?
R v RG ex parte Smith
What does the Adoption Act 1976 say?
Said that the RG ‘shall supply’ the certificate if S follows procedure. (Meaning that the RG must give the certificate to Smith.)
What happened in the case of R v RG ex parte Smith?
S said he might try to kill his mother.
How did the courts rule in R v RG ex parte Smith?
The court didn’t want to give the certificate to S. As Parliament wouldn’t want to promote serious crime such as murder, they interpreted the Act to do what Parliament would actually want.
Therefore, they did not give S the certificate.
