Introduction to law marks available!!! (1 Viewer)

[Jonathan A]

My impression is the purposive approach is important. A presumption in the interpretation of legislation is that legislation that mirrors common law shall be held to follow common law (Public Service v IR). In this respect, it means that mention of the purposive rule would be a good idea as judges have stated its use. My only real concern is whether that article on construction is relevant.

 

[Jonathan A]

they sorta are since pur[psive approach developed from them;.;.

plus, you can only read down words if the literal meaning creates an absurdity so in a way you use the literal/plain/ordinary meaning approacg 1st..

i wasn't sure bout this since both acts say 'purposive approach' and technically 'purposive' describews both the golden rule and purpose approach...

Golden differs. Golden rule simply allows a modification of the wordsm, but both are a departure from the Engineers Case Rule.

 

[LaraB]

Golden differs. Golden rule simply allows a modification of the wordsm, but both are a departure from the Engineers Case Rule.

yes what i meant was that 'purposive' means fulfilling the intent behind the creation o fthe act... so golden rule does do this in a way also as it doesn't simply take literal meanings regardless of any absurdities it may create

 

[Jonathan A]

A misunderstand I am sorry. Lucky you told me the 'purpose' of your previous comment.

 

[LaraB]

My impression is the purposive approach is important. A presumption in the interpretation of legislation is that legislation that mirrors common law shall be held to follow common law (Public Service v IR). In this respect, it means that mention of the purposive rule would be a good idea as judges have stated its use. My only real concern is whether that article on construction is relevant.

lol i gues put simply - purpose is important - see s15AA of Acts interpretation Act (Cth) and s3 of Interpretation Act (NSW)