Discuss the difficulties associated with finding parliament's intention when interpreting an act.

The approach to statutory interpretation which seeks to find the intention of Parliament is known as the purposive approach

Grade: A-C | £2.99.

This essay discusses the approach to statutory interpretation known as the purposive approach.

It identifies certain key features associated with this approach including:

  • the additional work that may be involved;
  • that the approach is associated with a range of external aids including Hansard;
  • the effects the approach may have on time and costs;
  • difficulties due to inconsistencies in approach.

Issues about whose role it is to legislate are raised, and whether it is right that Judges should exercise such power when using this approach. It questions the democracy of the approach bearing in mind that Judges are not elected.

Similarities with the approach to interpretation undertaken by European Judges are also mentioned.

The essay lends itself to development according to individual needs.

 

 

(Word count 977)