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Statutory Interpretation (Purposive Approach) (Fitzpatrick (Couple in same…
Statutory Interpretation (Purposive Approach)
It takes a more contextual approach to interpretation - focusing on the purpose behind the law
A purposive approach allows judges to look at the broad purpose behind the law (whether or not it passed to remedy a defect in existing law)
Fitzpatrick
Couple in same sex partnership lived together for 18 years
Tenancy held by his partner
The Rent Act 1977 stated when a tenant dies, the tenancy can be taken over by - A spouse, a person living as a wife or husband (though not married), or a
member of the family
who was living with the tenant
Fitzpatrick argued for the purpose of the Rent At he was a 'member of the family' because of his long standing relationship with his former partner
Yemshaw v Hounslow LBC
Concerned the meaning of domestic violence
Disadvantages of Purposive Approach
Undermines Parliament as law making body
Parliament should rectify the errors in an Act not judges
Unpredictable and inconsistent
Words in a statute are the only true indication of Parliament's intentions
Benefits of Purposive Approach
It gives judges the most freedom in interpreting the law
More flexible than other rules
Avoids injustice and absurdity
Permits use of extrinsic aids to assist in finding Parliaments true intentions