Purposive Approach Advantages / Disadvantages

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Last updated 10:08 AM on 4/15/26
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10 Terms

1
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  1. How many advantages does the purposive approach have?

The purposive approach has several advantages.

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  1. What is the first advantage and what can it avoid?

The first is that it is flexible and as a result can avoid the injustice of a literal interpretation and can promote fairness.

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  1. What is the second advantage and what does it go beyond?

Secondly, it can try to go beyond the wording and apply the ‘spirit’ of an Act, giving effect to the will of Parliament.

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  1. How may applying an Act’s ‘spirit’ save time?

This may save Parliament time if the courts correctly apply the ‘intention of Parliament’.

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  1. What does the purposive approach acknowledge the need to take into account?

This approach also acknowledges the need to take into account recent developments, such as in science or technology (DHSS v Royal College of Nursing).

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  1. What does the purposive approach promote?

In addition, it promotes consistency within our courts’ approach to interpretation and that in other EU countries. This is fair as it ensures that citizens in each country are treated in the same way.

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  1. What are disadvantages of the purposive approach?

Disadvantages of this approach are that it makes use of external aids which are not always reliable, such as Hansard being taken out of context and Law Commission reports having appeared several years before the Act is passed.

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  1. What can the approach lead to and what does it contradict?

It can easily lead to judges ‘making law’ by changing words and phrases in Acts of Parliament. This is a direct contradiction of the theory of separation of powers as judges are unelected and unaccountable to the public.

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  1. What is a risk with judges interpreting Parliament’s intention?

They may misinterpret Parliament’s intention which would then require Parliament to act again to overrule the courts.

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  1. What can inconsistency in decisions lead to?

Finally, inconsistency in decisions can lead to complaints about legal advice and undermine faith in the justice system.