Purposive Approach in English Law

This assignment examines the purposive approach in English law. It defines the approach, compares it to other interpretive methods like the literal rule, and analyzes its application in various legal contexts. The essay further explores the advantages and disadvantages of the purposive approach, considering issues of judicial bias and parliamentary intent.

CONCLUSION AND SELF-REFLECTION
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TABLE OF CONTENTS
CONCLUSION....................................................................................................................................3
REFLECTION.....................................................................................................................................4
REFERENCES.....................................................................................................................................6
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CONCLUSION
English law is the common law legal system that exists in England and Wales and it also
comprises of criminal law and civil law. English law has no formal codification and it is made by
judges who apply statue and legal precedent. English law has an evolving history dating from the
Anglo- Saxons (Barak, 2007). A unique attribute of English law is the doctrine of judicial
precedents whereby the reported decisions of the court forms a binding source of law for future
decisions. According to HRA, 1998 rule, there are four traditional methods such as literal rule,
the golden rule, the mischief rule and purposive approach. In the study, purposive approach has
been used which is a statutory and constitutional interpretation under common law courts that
further also interpret the enactment of the law’s purpose (Picciotto, 2007). It is also regarded as a
derivation of mischief rule which is being set in Heydon’s Case and that is also intended to
replace the mischief rule.
Purposive approach is usually utilized when the courts use extraneous materials from the
pre-enactment phase of legislation (which includes early drafts, committee reports and white
papers). From the discussion, it is revealed that purposive approach involves a rejection of the
exclusionary rule (Huxley-Binns and Martin, 2014). From the study, it is clear that Lord Denning
had made a significant role in organizing new purposive method in which he took decision to put
in the spirit of law. It has several liberal methods which helps in statutory interpretation in
specific cases. Hence, it can be said that it has an important role in the judgement of European
legislation that has been established for the purpose of applying European law. The court of
justice of European Union also sees many things while observing specific cases (Elliott and
Quinn, 2008). Hence, in this legal system, it is crucial to include a theory of statutory
interpretation which holds the phenomenon that a court should consider the purpose of including
the piece of legislation.
It is also ascertained that domestic judges are required to apply the purposive approach all
the time while applying a piece of EU law (Fenton-Glynn, 2015). Another instance has been
observed in the case of Maunsell v Olins [1975] AC 373. Since, it is a flexible approach;
therefore it gives the judges greater scope to develop the law in line with the Parliament’s
intention. From the analysis of studies, it is identified that purposive approach is a mixture of
domestic rules which embraces the use extrinsic aids. It further also assists in finding
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Parliament’s intention. Pepper v Hart [1992] 3 WLR 1032 is another instance in which the house
of court has adopted purposive approach. It is based on the notion that legislators who pass a law
are addressing a specific problem or set of problems (Beecher, Wallace and Williams, 2015).
The main purpose of applying this law is to interpret the decision so as to address the specific
problem. Pickstone v Freemans Plc [1989] AC 66 states that the courts are required to apply the
purposive approach at the time of interpreting EU law. The courts have also used it when
interpreting domestic legislation because that gives an interpretation in line with European Union
law.
Thus, in terms of optimistic aspects, it can be said that utilization of purposive approach
allows the judges to develop the law in line with Parliament’s intention and this has been clearly
stated in Maunsell v Olins case. Further, it also allows judges to cope with the situations which is
unforeseen by Parliament. Purposive approach could also be used because it directs the law to
develop and also to cover the advanced determined in medical science. Further, it has been
ascertained that purposive approach allows references to Hansard which makes it clear for the
courts to discover Parliament’s intention (Sales, 2016). However, on the other hand, it is being
analysed that under purposive approach, judges are given too much power to develop the law and
also in seizing the power of Parliament. Sometimes, it cannot be utilized because there is a scope
of judicial bias in deciding the intention of Parliament decision. Moreover, it also assumes that
Parliament has one intention and it ignores the fact that Parliament is segregated in party lines.
REFLECTION
In order to conduct the above research successfully I have effective contribute in
outlining the effective method of research so that I can easily gain the knowledge regarding the
research topic that was on the purposive approach. Along with this, through conducting the I
have mainly contributed in enhancing my level of knowledge regarding the area of law through
studying each and every aspects of law. In addition to this, with conducting the research I have
acquire proper knowledge and information that support me in enhancing the level of knowledge
related with the topic through assessing range of sources such as internet, articles, books etc.
with the help of assessing all these things it contributed in enhancing my knowledge level within
the specific topic. It also enhances my skills and abilities related with the law within the
European Union.
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Whereas, self reflection also engage in assessing the information regarding the principle
as well as mischief rule so that it may support me in conducting the research in proper and
effective manner. Along with this, conducting the research also assists me in gaining proper
information regarding the different laws and regulation that are framed by the UK government
that I must implement or impose within the organization so that I can perform the activities in the
proper and ethical manner within the organization. In addition to this, it also assists me in surfing
the online journals and articles through which I come to know regarding the various cases that
occurs within the UK so that I can easily engage in imposing proper law within the premises.
Along with this, through engaging in proper law it is essential for me to study the purposive
approach as it also support me choosing the topic so that I may easily gain and collect the in-
depth knowledge related with them.
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REFERENCES
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Barak, A., 2007. Purposive interpretation in law. Princeton University Press.
Beecher, D., Wallace, A. and Williams, G. eds., 2015. Taking Exception to the Law:
Materializing Injustice in Early Modern English Literature. University of Toronto Press.
Elliott, C. and Quinn, F., 2008. English legal system. Pearson Education.
Fenton-Glynn, C., 2015. Regulation and Recognition of Surrogacy under English Law: An
Overview of the Case-Law, The. Child & Fam. LQ. 27. p.83.
Huxley-Binns, R. and Martin, J., 2014. Unlocking the English legal system. Routledge.
Picciotto, S., 2007. Constructing compliance: Game playing, tax law, and the regulatory
state. Law & Policy. 29(1). pp.11-30.
Sales, P., 2016. Rights and fundamental rights in english law.the cambridge law journal. 75(01).
pp.86-108.
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