Advantages and Disadvantages of the Purposive approach

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Advantages and Disadvantages of the Purposive approach

Advantages

  • it makes sense to look at the whole purpose of the act
  • it gives effect to parliaments intentions
  • it allows judges to use their common sense
  • it is also sensivble to use external aids like Hansard
  • it allows judges t9o consider social and technological changes

Disadvantages

  • finding the intention of parliament can be quite difficult
  • it is undemocratic
  • it might cause uncertainty if a judge changes the meaning of a statute

Evaluation

the purposive approach is used in Europe and Britains membership of the EU and the human rights act

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