The purposive approach rejects the limitation of the judges’ search for the meaning to a literal construction of words of legislation itself. The literal approach is dominant in the English legal system. The literal approach: this view of judicial interpretation holds that the judges should look primarily to the words of the legislation in order to construe its meaning and, except in very limited circumstances, should not look outside of, or behind, the legislation in an attempt to find its meaning. There are two contrasting views as to how judges should go about determining the meaning of a statue – the restrictive, literal approach and the more permissive, purposive approach. Judges in such circumstances need to provide legislation with effective meaning. Language can even create legislation that is obscure, ambiguous or meaningless, failing to achieve the end at which it is aimed simply through being badly drafted. Like any other form of communication, legislation can include words that have more than one meaning, or words whose meaning changes depending on its context.īecause legislation needs to be written so that it can be effectively applied in various circumstances, there can often be a lack of clarity or precision.

They have a measure of discretion and creative power in the manner in which they interpret legislation. Parliament makes the law but it is the roles of judges to interpret parliament’s words. Share this: Facebook Twitter Reddit LinkedIn WhatsApp

Another word for running from the law