Statutory Interpretation II - The Purposive Approach
With the inclusion of the United Kingdom into the European Union and with the rising number of cases that involved members of other European nations, especially in areas of trade and commerce, a new mode of interpretation was adopted and an approach that was more common in neighboring European countries was used. It is called the purposive approach and when using the approach the courts will first look at the intention of parliament. Under normal circumstances or in most instances, the function of the courts is to ascertain the meaning of what parliament had said by giving the words their ordinary and natural meaning but this approach requires extreme clarity from draftsmen and it may be to a degree, that in all probability, is difficult to satisfy. It is an inescapable fact that despite all the care that is given to drafting documents, that there would be certain terms or clauses that turn out ambiguous. It is a lot to ask of draftsmen to be precise in drafting documents es