This lesson introduces the purposive approach and explains how it differs from interpreting legislation by words alone. It provides the foundation for examining the historical rules that came before it.
The purposive approach is a method of statutory and constitutional interpretation. A court interprets an enactment—a statute, a provision within a statute, or a constitutional clause—in the context of the law’s purpose. Rather than treating words as isolated, the court asks what the law was designed to achieve and reads the text in a way that advances that objective, while still taking the text seriously.
All flashcards
Purposive approach
Interpreting legal text in light of the purpose it serves, while taking its wording and context seriously.
Mischief rule
An approach that identifies the defect in prior law and interprets legislation to advance its remedy.
Internal aids
Features within a statute, such as headings, definitions, and neighboring provisions, that help clarify its meaning.
External aids
Sources outside a statute that may illuminate its background, purpose, or intended operation.
Subjective and objective purpose
In Barak’s account, purpose combines the author’s particular intention with reasonable authorship and legal-system values.
Quiz questions
What does the golden rule permit a court to do when the ordinary meaning of statutory words would produce an absurd result?Answer: Depart from the ordinary meaning only as far as needed to avoid the result.
What question is central to the mischief rule associated with Heydon’s Case?Answer: What defect in the prior law was the statute intended to remedy?
Which is an internal aid to statutory interpretation?Answer: A definition clause contained in the statute.
What does Canada’s modern principle require when interpreting statutory words?Answer: Read them in their entire context, harmoniously with the statute’s scheme and object.
When may a court in England and Wales consult parliamentary statements under Pepper v Hart?Answer: When primary legislation is ambiguous and the decision’s criteria are satisfied.
Based on the Wikipedia article Purposive approach, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.