Adv/Disadv of Purposive rule

  • Created by: Zoe
  • Created on: 29-12-12 19:02

Adv/Disadv of Purposive rule


  • Used in courts in other EU countries so we are being bought into line
  • Less restrictive so more likely to give intentions of parliament
  • Lord Denning "we [judges] sit here to find the intention of parliament and to carry it out"
  • Coltman v Bibby tankers - Employee killed when ship provided by the employer sank. Judges had to interpret 'equipment' under the Employers liability act which was defined as 'any plant and machinery, vehicle, aircraft and clothing'. Employer found liable by house of Lords


  • Too much power to unelected judiciary
  • Judges can overstep their role by making decisions based on public policy - a matter that should be left to parliament


Same as mischief rule - being brought into line with other EU countries, and approved by influential judges however undemocratic.


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