Purposive Approach is more modern style of interpreting statutes and largely overtaken mischief rule in relevance.
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What is the Purposive Approach
Judges look at reasons why statute was passed and its purpose, even if it means distorting ordinary meaning of words.
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Influence of EU
Purposive Approach widely used in European Law: drafted with expectation judges consider policy behind words. Mischief rule and purposive approach used interchangeably.
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European Communities Act 1972
States while UK remains subject to EU rules, court must adopt purposive approach in construing EU related legislation and in particular UK provisions implement EU law.
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Differences between drafting of EU legislation and English statutes.
EU follows civil law tradition (favours simplicity of drafting and high degree of abstraction rather than exhaustive approach adopted in UK).
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Other cards in this set
Card 2
Front
What is the Purposive Approach
Back
Judges look at reasons why statute was passed and its purpose, even if it means distorting ordinary meaning of words.
Card 3
Front
Influence of EU
Back
Card 4
Front
European Communities Act 1972
Back
Card 5
Front
Differences between drafting of EU legislation and English statutes.
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