STATUTORY INTERPRETATION III.docx - STATUTORY INTERPRETATION III Purposive Approach Similar to the mischief rule the judges while interpreting the

STATUTORY INTERPRETATION III.docx - STATUTORY...

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STATUTORY INTERPRETATION III Purposive Approach Similar to the mischief rule the judges while interpreting the statutes take a wider view and essentially try to decide what the parliament intended to achieve while passing an Act thus looking into the spirit of the Act. This encourages a judge to use external materials in order to help him/her to derive the intention of the Parliament. Lord Denning in the case of Magor & St Mallons RDC v. Newport Corporation (1950) held that a judge is there to find out the intention of the parliament and the ministers and to carry it out by filling in the gaps and making sense of the enactments. Initially this approach was severely criticized as can be seen by the statement of Lord Simonds in the case of Magor & St Mallons RDC v. Newport Corporation (1950) when it was appealed to the HOL, wherein he stated that such approach to interpretation was a usurpation of the legislative function, it was argued that when a judge moves away from the language of the Act, then they are engaging in legislative and quasi-legislative functions. However, in recent times judges are more comfortable with applying the purposive approach, as held in the case of Pepper v. Hart (1993) the HOL accepted that the courts are now ready to adopt an approach that gives effect to the true purpose of the legislation. R (on application of Quintavalle) v. Secretary of State for Health (2003) While applying the purposive approach the courts held that the medical advancement is an important element that courts must consider in interpretation as the law must be in line with the latest developments in science. This approach is used by the European Courts, and while interpreting the European Laws a local judge is to adopt the purposive approach, application of any other rule may lead to absurdity as the European Law needs to be consistent throughout the region and due to language barriers.
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  • Fall '15
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