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THE PURPOSIVE APPROACH (Disadvantages (Difficult to discover the intention…
THE PURPOSIVE APPROACH
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Goes beyond the mischief rule in that the court is not just looking to see what the gap was in the old law
Disadvantages
Opponents of the purposive approach say that it’s impossible to discover Parliament’s intentions; only the words of the statute can show what Parliament wanted
Allows unelected judges to ‘make’ law as they’re deciding what they think the law should be rather than using the words that Parliament enacted
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Cases
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R v Registrar-General, ex parte Smith (1990)
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