The Purposive Approach is a principle of statutory interpretation that requires judges to interpret a statute in a way that gives effect to the legislature's intended purpose or objective. While the Purposive Approach can be helpful in achieving a just and equitable interpretation of a statute, it also has both pros and cons.
Advantages
Consistent with legislative intent: The Purposive Approach seeks to identify and give effect to the legislature's intended purpose or objective in enacting the statute, which can lead to a more accurate and just interpretation.
Adaptable to changing circumstances: The Purposive Approach can be used to adapt the interpretation of a statute to changing circumstances, ensuring that the statute continues to serve its intended purpose.
Encourages a broader view: The Purposive Approach encourages judges to take a broader view of the statute and consider its purpose and context, which can lead to a more equitable interpretation that takes into account the impact on affected parties.
Disadvantages
Can be subjective: The identification of the legislature's intended purpose or objective can be subjective, and different judges may reach different conclusions about what that purpose is.
Can create uncertainty: The use of the Purposive Approach can create uncertainty for individuals and businesses who must comply with the statute, as they may not know how a court will interpret the statute in a given case.
Can lead to judicial activism: The Purposive Approach can lead to judges substituting their own policy judgments for those of the legislature, which can be seen as an inappropriate form of judicial activism.
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