Asses the advantages and disadvantages of PA

• What is the purposive approach in law?

  A modern version of the mischief rule
• How does the purposive approach differ from the mischief rule?

  It considers what judges believe Parliament intended
• Why is the purposive approach advantageous for judges?

  It allows flexibility in flawed Acts
• What was the issue in R v Registrar General, ex Parte Smith 1990?

  1. Smith's risk to his birth mother
• What did the judges conclude using the purposive approach in Smith's case?

  Parliament did not intend to promote crime
• What was the purpose of the Adoption Act 1976?

  To allow adopted children to find birth parents
• How does the purposive approach help with unforeseen developments?

  It allows law development for new advances
• What was the legal issue in the case of Quintaville?

  Whether CNR embryos are regulated by the Act
• What did the courts believe about the purpose of the Human Fertilisation and Embryology Act 1990?

  It aimed to help those who cannot conceive
• What was the purpose of the law in Jones v Tower Boot?

  To prevent racism in the workplace
• What responsibility did the employer have in Jones v Tower Boot?

  To prevent racism in the workplace
• What was Lord Denning's view on the purposive approach?

  It is a broader, more flexible approach
• What criticism did Lord Denning face regarding his approach?

  He was accused of overstepping judicial roles
• What is the common rule used by most European countries?

  The purposive approach
• Why is the purposive approach considered appropriate for UK law?

  It adheres to Parliament's aims in law
• What is a disadvantage of the purposive approach?

  It allows judicial law-making by unelected judges
• How does the purposive approach affect the doctrine of Separation of Powers?

  It can interfere with judicial independence
• What was the outcome in Berriman's case regarding compensation?

  1. Berriman did not receive compensation
• What does the purposive approach lead to in terms of judicial outcomes?

  It can create justice for some, injustice for others
• What issue arises from the lack of structure in the purposive approach?

  It leads to uncertainty in judicial rulings