Flashcards
Purposive approach
Cards in this deck (6)
- 1Statutory Interpretation - Purposive ApproachRequires court to work out the general pupose of Parliament in passing the Act and then interpret the Act to fulfill that purpose. Look at wording in the Act but are also willing to look outside the Act for meaning eg Hansard. Allows the courts to read words into a statute where there are gaps. Is the spirit rather than the letter of the law which is important. Court may even look at the purpose of the statute even where the words used are clear. Not just looking for gaps, but deciding what Parliament meant to achieve. Goes beyond mischief rule as courts not just looking at what defect was in common law prior to the Act but judges deciding what they believe Parliament meant to achieve by passing
the Act. - 2Coltman v Bibby Tankers - Statute imposed liability on an employer for the death of an employee caused by defective equipment supplied by that employer. C died when a ship he was working on capsized because it had a defective hull, and the court had to decide whether a ship was 'equipment'. The relevant Act contained a definition section which defined 'equipment' but this did not refer to a ship. Despite this oversight by Parliament, judges held that 'equipment' could include a ship. The company was liable as the general purpose of the Act was to make the employer liable for harm caused by defects in anthing provided by the employer.R v Registrar-General, Ex Parte Smith - D was a violent muderer who has mental health problems. Having found out he was adopted, Smith tried to find out the identity of his natural mother which he was entitled to know under the Adoption Act 1976. Reg-G refused. Despite the fact he was entitled to this information under the wording of the statute, court held 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 to his natural mother.
- 3Fitzpatrick v Sterling Housing Association - Judges had to consider whether the homosexual partner of a deceased tenant could take over the tenancy under the Rent Act 1977. The Act only allowed a tenancy to be taken over by a member of the deceased's 'family'. Using the purposive approach the term 'family' could be taken to include a cohabiting couple of the same sex in a long-term relationship. This was the approach towards the meaning of 'family' in other European countries. Parliament's general purpose in passing the 1977 Act was not to discriminate.Marleasing - English judges had to accept that for UK legislation which has been passed as a result of having to conform with EU law, they must interpret the UK legislation using the purposive approach. Judges should use the purposive approach when interpreting the European Convention on Human Rights, now part of our law due to the Human Rights Act 1998. EU demands change in the law so Parliament changes law.
- 4+ Helps to avoid an absurd and unjust outcome to a case. More likely to respect the wishes of Parliament since it seeks to find and fulfil the general purpose of Parliament.+ Promotes flexibility in the interpretation of legislation and enables the law to be kept up to date by the judges filling in the gaps as the judges did in Coltman v Bibby Tankers. Useful where there is new technology which was unknown when the Act was passed.
- 5+ Suited to the interpretation of European Law and the Human Rights Act 1998. These are written in very broad terms, with general principles set out and the judges having to interpret according to the 'spirit rather than the letter' of the law.- Enables unelected judges to take over the function of Parliament in making new law, as the judges did in Smith. Goes against the doctrines of the Sovereignty of Parliament and the Separation of Powers.
- 6- Impossible to discover the general purpose of Parliament in passing the legislation, only the words of the statute can show what Parliament wanted. Not for a judge to argue that 'Parliament said one thing but meant another'.- Whilst it is suited to the interpretation of European Law it is less suited to the more precise and detailed structure of English legislation.
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- A level Law Flashcards on Purposive approach, created by Chloe Green on 09/03/2017.
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- Chloe Green
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