the purposive approach

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

  In this approach, court is not just giving words their ordinarymeaning, or looking at the gap in the common law; thejudges are deciding what they believe Parliament meantto achieve by passing the Act.
• Who favours the purposive approach, and what did they say in the case of magor and st mellons v newport corporation?

  Lord Denning favours it, stating, “We sit here to find out the intention of Parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment".
• What did lord scarman say in response to Lord Denning in the case of Magor and St Mellons v newport corporation?

  if Parliament says one thing but means another, it is not,under the historic principles of the common law, for thecourts to correct it.
• 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 beobtained by any person who has been adopted. Smithapplied for a copy of his birth certificate but the Registrar-General refused to supply one because Smith may kill hismother 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.