Flashcards
The Purposive Approach
Flashcards do conjunto (8)
- 1What is the Purposive Approach?Judges consider the purpose of the Act when interpreting the Act.
- 2What the did the Judge say in Pepper V Hart?''The days have long passed when the courts adopted a literal approach to interpretation. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at other material that explains the background against which the legislation was enacted''
- 3What 3 cases can be used when describing the Purposive Approach?1) Maunsell V Olins
2) Jones V Tower Boot Co
3) R V Bentham - 4Describe Maunsell V OlinsHoL had to determine whether a farm cottage attached to a farmhouse constituted 'premises' under the Rent Act. Lord Simon set out 2-teir test under the purposive approach. 1) Consider the knowledge and statutory objective of the draftsman 2) ascertain the meaning of the statutory language
- 5Describe Jones V Tower Boot Co.Jones (16 and mixed-race) was being abused by fellow workers both mental and physical. The acts carried out by the fellow workers took place ''in the course of employment'' so the employers were liable
- 6Describe R V BenthamD broke into the house of his former employer A , using his fingers he gave the impression of a gun in his pocket and robbed A. Firearms Act intended to protect against fear of a gun. If it had the appearance of a firearm then the jury could find D guilty.
- 7Give 3 advantages of the Purposive Approach1) Fairest Approach
2) Allows the law to quickly develop
3) Allows for Parliament to make mistakes - 8Give 3 disadvantages of the Purposive Approach1) Seen as too flexible
2) Undermines Parliamentary Sovereignty
3) Harder for lawyers to advise their clients correctly
Informações
- Descrição
- AS level Law (Sources of Law - Statutory Interpretation) FlashCards sobre The Purposive Approach, criado por Jake Ashby em 30-10-2019.
- Criado por
- Jake Ashby
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