Describe the purposive approach to statutory interpretation (8 marks)

Question 1

Describe the purposive approach to statutory interpretation (8 marks)

Answer 1

The purposive approach is a modern and broad way of interpreting laws.
• Judges don’t just look at the exact words; they try to understand what Parliament really wanted to achieve with the law.
• They look at the whole purpose or spirit of the law, not just its literal meaning.
• For example, in Maunsell v Ollins, a judge said you should first find out the law’s purpose, then interpret the words to fit that purpose.
• This approach became very popular after the UK joined the EU in 1973 because EU laws require considering the purpose behind legislation.
• Judges can use extra information like Hansard (official records of Parliament debates) to find out Parliament’s intentions, as allowed by Pepper v Hart.
• Examples:
• In Registrar General ex parte Smith, a man who was a dangerous criminal was denied a birth certificate because Parliament didn’t intend to help serious criminals with this right.
• In Jones v Tower Boot, a man who was racially abused at work was entitled to compensation because the law’s purpose was to stop racism in the workplace, even though the racist behavior was technically “outside” the employer’s direct control.
• The Human Rights Act also influences interpretation so laws are read in a way that respects human rights, for example giving same-sex couples equal rights in Godin-Mendoza v Ghaidan.

Question 2

Intrinsic Aids to Statutory Interpretation (8 marks)

Answer 2

• Intrinsic aids are tools inside the law itself that help judges understand the meaning.
• These include:
• Titles (long or short) that explain what the law is about. For example, the long title in the Abortion Act 1967 helped judges understand its purpose.
• Interpretation sections that define important words in the law, like “woman” or “building.”
• Schedules, which are extra parts at the end of the law with more details or rules.
• Preambles, older laws sometimes start with an introduction explaining why the law was made.
• Other sections of the law might explain or give clues about words, like in the National Lottery Act.
• Headings and marginal notes are small explanations or titles that help but are not legally binding.
• These aids keep judges focused on what Parliament actually wrote.

Question 3

Extrinsic Aids to Statutory Interpretation (8 marks)

Answer 3

• Extrinsic aids are tools outside the law that help judges understand the meaning.
• These include:
• Hansard, which records what was said during Parliamentary debates. Judges can use this if the law’s words are unclear or confusing (as in Pepper v Hart).
• Dictionaries from the time the law was made can explain old or tricky words (like in Cheeseman v DPP).
• Reports from the Law Commission or other official bodies that explain why a new law was needed.
• International treaties or EU laws that relate to the Act, helping judges understand the true meaning (for example, the Warsaw Convention in Fothergill v Monarch Airlines).
• The Interpretation Act 1978 helps by defining common words and rules, such as saying singular words can include plural meanings.
• Past court decisions (judicial precedent) can guide judges on how similar words have been interpreted before.
• Pre-legislative documents like Green Papers or White Papers, which explain the ideas behind the law before it was passed.
• Explanatory notes that come with some laws to clarify what Parliament intended.