Advantages and Disadvantages of Purposive Approach

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Discuss the advantages and disadvantages of the purposive approach

The purposive approach is probably the broadest approach of all the rules of interpretation. It is certainly more flexible than either the literal rule or the golden rule which tend to concentrate upon the meaning of individual words or phrases. In trying to fulfil parliament’s purpose, it is surely respectful of parliamentary supremacy. It also allows the law to cover more situations and it can even be used when science or technology is unknown when an act was passed . In the Quintavalle case, the court used the approach to decide that word embryo in the HEFA 1990 could mean either a human embryo where fertilisation was complete or an embryo created  by a new method that did not require fertilisation and had not been possible in 1990. This is much more forward-looking than the mischief rule which requires courts to look backwards at the gap in the common law before deciding what Parliament intended to do.  

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Accordingly, the approach usually leads to better justice in individual cases and it also allows judges to consider the concerns of government and parliament at the time of passing the act, as well as views of others such as the Law Commission and leading academics, which is surely a good thing. It is the most modern approach and reflects the approach used in Europe, thus encouraging our judges to make decisions in line with our EU obligations. It was used to provide equal pay for men and women, a fundamental principle of EU law,  in the Diocese of Hallam Trustees ...

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This is a brief discussion of the advantages and disadvantages of the purposive approach. Some of the points made could be expanded upon to fully make the point. This has been done only once by the discussion of the case in the first paragraph. Rating: ***