askvity

What are the advantages of the purposive rule?

Published in Statutory Interpretation 1 min read

The primary advantage of the purposive rule is that it aligns judicial decisions with the legislature's intended outcome.

Here's a breakdown of the benefits:

  • Alignment with Legislative Intent: The purposive approach ensures that judges focus on the reason why a law was created, rather than just the literal words. According to the reference, a significant advantage of the purposive approach is its alignment with the legislature's intent. By concentrating on the purpose behind a statute, judges can make decisions that reflect the true intentions of lawmakers, thereby maintaining the integrity and spirit of the law. This prevents unintended interpretations that might undermine the law's effectiveness.
  • Addresses Ambiguity: Laws aren't always perfectly clear. The purposive rule helps resolve ambiguities by looking at the overall aim of the legislation.
  • Adapts to Changing Circumstances: Society evolves, and sometimes the literal interpretation of a law becomes outdated. The purposive approach allows judges to adapt the application of the law to modern contexts while still staying true to the original intention.

Related Articles