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Statutory Interpretation

The Purposive Approach: Evaluation and European Influence

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Overview

Recall questions on why EU law and section 3 of the Human Rights Act pushed courts towards purposive reading, and the advantages and disadvantages of the purposive approach, including judicial activism and parliamentary sovereignty.

What you need to know

Answer each one before you reveal it.

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Key term

Why did European Union law require English courts to adopt a purposive approach?

Key term

Why is difficulty determining purpose a disadvantage of the purposive approach?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Why did European Union law require English courts to adopt a purposive approach?

    Model answer

    To ensure that legislation implementing EU directives achieved the directive's objectives.

  2. 2

    What does Section 3 of the Human Rights Act 1998 require courts to do?

    Model answer

    Interpret legislation, so far as it is possible to do so, in a way which is compatible with Convention rights.

  3. 3

    How has the Human Rights Act 1998 expanded the purposive approach?

    Model answer

    By requiring judges to consider whether an interpretation is compatible with human rights, even if this requires reading words into or out of statutes.

  4. 4

    How does the purposive approach give effect to Parliament's intention?

    Model answer

    By looking beyond literal words to identify and implement the overall purpose Parliament sought to achieve.

  5. 5

    How does the purposive approach adapt law to changing circumstances?

    Model answer

    By focusing on purpose rather than literal words, it allows interpretation to address new situations within the statute's aims.

  6. 6

    How does the purposive approach align with European interpretation methods?

    Model answer

    European courts traditionally use purposive interpretation, so adopting this approach ensures consistency with EU law.

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