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The Purposive approach

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Mind Map on The Purposive approach, created by steph.whitton181 on 03/03/2015.
steph.whitton181
Mind Map by steph.whitton181, updated more than 1 year ago
steph.whitton181
Created by steph.whitton181 over 7 years ago
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Resource summary

The Purposive approach
  1. Judges look at the positive reasons Parliament created the legislation and interpret the words to bring about that purpose
    1. Forward looking, Used in EU Court of Justice and when considering Human Rights issues
      1. Allows judges to look at the aims of the Act in current social context
        1. R v Registrar General Ex parte Smith - Refused right to birth records - Adoption Act 1976 denied on ground of public policy as he may have been a danger to his birth mother
          1. Jones v Tower Boot Co - Race Relations Act 1976 - Employer held liable
            1. Pickstone v Freemans plc -
              1. RCN v DHSS - Positive aims of the Act were safe abortions
                1. R v Sec of State for Health Ex parte Quintaville - Human Fertilisation and Embryology Act 1990 - Because of new technology the Act didnt include Embryos which were cloned
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