Ohne Titel

The Purposive approach

1. Judges look at the positive reasons Parliament created the legislation and interpret the words to bring about that purpose

2. Forward looking, Used in EU Court of Justice and when considering Human Rights issues

3. Allows Judges to look at the aims of the Act in current social context

4. R v Registrar General Ex parte Smith - Refused right to birth records - Adoption Act 1976 denied on the ground of public policy as he may have been a danger to his birth mother

5. Jones v Tower Boot Co - Race Relations Act 1976 - Employer held liable for racial discrimination

6. RCN v DHSS - Positive aims of the Act were safe abortions

7. R v Sec of State for Health Ex parte Quintavalle - Human Fertilisation and Embryology Act 1990 - Because of new technology the Act didn't include Embryos which were cloned

8. Pickstone v Freemans plc - Equal Pay Act 1970 - Women were being paid less for equal amounts of work

9. Advantages

   • Allows law to cover advances in technology
   • Flexible - allows judges to develop law with Parliaments intentions
   • Allows Judges to cope with situations unforseen by Parliament
   • Allows courts to give effect to EU Directives
   • Allowing reference to Hansard makes it easier to discover Parliaments intentions - Pepper v Hart

10. Disadvantages

    • Judges given too much power - Undemocratic
    • Reference to Hansard prolongs cost and litigation
    • Infringement of the Separation of Powers
    • Judicial bias