The Purposive Approach
- Created by: tomsturgeon
- Created on: 29-04-14 09:02
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- Purposive Approach
- Explanation of the Approach
- Tries to look at the actual intentions of Parliament, instead of just the gap they were trying to fill when they passed the Act
- Hansard: Used since Pepper v Hart to gain knowledge on Parliamentary debates surrounding a specific Act
- The HRA: Sees how Acts comply with the ECHR when interpreting them
- More Acts are now drafted in broader terms because of the EU. Treaties, etc require a different mode of interpretation meaning it is used much more often
- Jones v Tower Boot Co: Employers are liable for abuse 'in the course of their employment', purposive approach applied and found his employers liable
- Advantages and Disadvantages
- Brings us into line with our European counterparts
- More likely to give effect to the actual intentions of Parliament
- Coltman v Bibby Tankers: distinguishing a ship as equipment to find employers liable for his death
- Too much power given to unelected judiciary
- Can overstep their mark, for example in Fitzpatrick v Sterling Housing Asso, ltd, judges interpreted the word 'family' to include homosexual couples - despite the fact this was a matter of public concern
- Can account for changes in new technology as it uses broader terms. For example in Quintavalle v SOS where the word 'embryo' was in question
- Explanation of the Approach
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