the deets on the purposive approach

• what is the purposive approach in terms of statutory interpretation?

  In this approach, court is not just giving words their ordinary meaning, or looking at the gap in the common law; the judges are deciding what they believe Parliament meant to achieve by passing the Act.
• what is the significance of the case of r v Registrar general ex parte smith 1990 in terms of the purposive approach?

  It illustrated how courts should focus on the purpose of the approach.
• what are the facts of the case of r v registrar general ex parte smith 1990?

  Under the Adoption Act 1976 a birth certificate may be obtained by any person who has been adopted. Smith applied for a copy of his birth certificate but the Registrar-General refused to supply one because Smith may kill his mother if he found her.
• what was the outcome of the case r v registrar general ex parte smith 1990?

  The court refused to grant an application by the appellant for judicial review of the refusal of the Registrar General to provide him with the information necessary to enable him to obtain a certified copy of the record of his birth and/or to provide counselling prior thereto.
• which case illustrates the usage of the purposive approach?

  r v Registrar general ex parte smith 1990