Purposive Rule

Purposive Rule Meaning

Purposive rule is one of the most commonly used approaches in statutory interpretation. It involves determining the intention behind the creation of a particular law or statute by examining its purpose and objective. The purpose behind the law is then used to interpret its various provisions and apply them to different situations. This approach is particularly useful when the language of the statute is ambiguous or unclear, and the legislative intent is not immediately apparent. The purposive rule allows judges to look beyond the strict language of the law and achieve a just and reasonable outcome that upholds the legislative intent. It is a flexible and dynamic tool that acknowledges the evolving societal values and the changing needs of the modern world.

The purposive approach

The purposive approach is similar to the mischief rule, but emphasising the intention of the legislature instead of the defect in the previous law. Its effect is usually achieved by the literal rule, since Parliament unsurprisingly tends to enact its intention. It was difficult before Pepper v. Hart [1993] A.C. 593 and still is, to an extent to determine Parliament's intent. If judges use a purposive approach, they are engaging in an essentially legislative function, which is a breach of the doctrine of the separation of powers.

HRA 1998 purposive Contextual Approach

The Human Rights Act 1998 (HRA) was enacted with the purpose of incorporating the European Convention on Human Rights (ECHR) into the UK legal system. One of the most significant features of the HRA is the principle of the contextual approach that it adopts, which requires courts to interpret legislation in a way that is consistent with the protection of human rights. This means that when a court is called upon to consider legislation, it must take into account the context of parliments intent, as well as the rights protected under the ECHR, and interpret the legislation in a manner that is compatible with those rights in a way this is proportionate to the goal of achieving justice. By adopting this approach, the HRA ensures that the UK legal system incorporates the fundamental principles of the ECHR, and that the rights of individuals are protected.

Advantages of Purposive Rule

One advantage of using the purposive rule in statutory interpretation is that it allows for a flexible approach to interpreting legislation. This means that judges can take into account the purpose and intention behind the legislation when making a decision, rather than being limited to a strict and narrow interpretation of the wording. It also allows for the law to keep up with changing societal and technological trends, as the purpose and intention behind legislation can shift over time. Additionally, using the purposive rule can help to prevent absurd outcomes or unintended consequences that may result from a strict interpretation. Overall, the purposive rule offers a more nuanced and contextual interpretation of legislation, which can lead to more just and equitable outcomes.

Problems of Purposive Rule

Purposive rule in statutory interpretation and its application is not without problems. Firstly, there may be a lack of consensus on what the purpose of the statute is, leading to differences in interpretation by different courts. Secondly, judges may have personal biases and values that influence their determination of the purpose of the statute, leading to inconsistencies in decision-making. Thirdly, the application of purposive rule can lead to judicial activism in which judges impose their own views on the statute rather than adhere to the intent of the legislature. Finally, the use of purposive rule can result in uncertainty and unpredictability in the interpretation of statutes, creating difficulties for legal practitioners and affected parties alike.

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