purposive approach

• positive approach
• modern approach - intention of parliament (spirit of law) not the words (letter of law)
• looks at what parliament wanted to achieve
• judges use purposive approach when applying human rights act 1988 to legislation
• house of lords decided embryos produced through cloning covered by human fertilisation and embryology act 1990 (r v quintavalle)
• court denied access to his birth records, parliament did not intend to put natural mother at risk (murderer) (r v registrar general ex parte smith)
• ++ provides consistency across europe
• ++ leads to justice in individual cases
• ++ useful with new technology unknown when law enacted (quintavalle)
• ++ gives judges more discretion than using literal meaning of words
• ++ gives effect to true intention of parliament
• ++ used to produce fair and reasonable outcomes
• -- allows judicial creativity, inconsistent interpretations of acts
• -- time consuming, reports of debates
• -- uncertain outcomes, pay for advice, wont know if approach will be used until judgement
• -- risk of judicial law making which is undemocratic
• -- finding intention of parliament can be difficult