purposive approach
purposivism

He found that under the purposive approach to s. 23, a local education was justified.

This is also known as the purposive approach, since the courts are looking at the purpose for which the Act was passed.

It advocates a purposive approach to the interpretation of s.

The purposive approach is the more controversial of the available interpretive tools.

The Convention, as with all international conventions, should be construed using a purposive approach.

The legislation benefits from a purposive approach to interpretation.

Firstly, courts should take a purposive approach to interpreting the rights.

They take their character from the context and a purposive approach to their meaning is required. 76.

The legal system now more commonly uses a 'purposive approach', meaning the intended purpose of the law is taken into account.

The adoption of a more purposive approach to construction would surely have produced a fairer result.

This so-called "purposive approach" has been reinforced by statute.

At various times Courts have opted for either a literal or a purposive approach to statutory construction.

As an example of a purposive approach, Law cites Weatherall v.

He is prepared to use Justice Foster's purposive approach doctrine as the legal rationale.

Oceanside urges me to take a pragmatic and purposive approach to interpreting s. 19 (1).

Second, to give full effect to that supremacy, the courts have generally adopted a "purposive approach" to interpreting human rights laws.

The move to a contextual, or purposive approach to construing contracts is a recent feature of English contract law.

A true purposive approach looks at the wording of the statute itself, with a view to discerning and advancing the legislature’s intent.

According to the purposive approach, the courts consider the purpose of guaranteeing a right or freedom in determining its ambit.

One must not depart from the context of the purposive approach articulated by this Court in R. v.

Even if the Edwards case requires a broad and purposive approach to constitutional interpretation, Courts can't change black into white.

The ethical themes of the privacy code are the need for a purposive approach, a need to know, and guardianship.

In particular the purposive approach requires that information collected for one purpose should not be used for another purpose without consent.

Purposive approach A court will generally look to interpret a word/statute so as to give effect to parliaments intentions when enacting the legislation.

Its ahistorical outlook, which has been used to reverse the Constitution's intended operation, is at odds with the modern purposive approach to legal interpretation.

Their work helped to promote purposivism as a credible method of interpretation.

When employing purposivism, the court is concerned with understanding the purpose or "spirit" of the law.

Degrees of purposivism are sometimes referred to as 'strong' or 'weak'.

As in purposivism, tools such as legislative history are often used.

The academic literature indicates several variations of purposivism.

Purposivism in the United States is used to interpret a statute with broadly worded text and a seemingly clear purpose.

Critics of purposivism argue it fails to recognize the separation of powers between the legislator and the judiciary.

While the current focus of the interpretation debate is between textualism and intentionalism, the less popular purposivism is gaining favour.

Purposivism in the United States is considered a strain of originalism, alongside textualism and intentionalism.

Aharon Barak is Israel's best-known champion of purposivism.

Pragmatism Versus Purposivism in First Amendment Analysis, 54 Stan.

Whereas other commonwealth countries embraced purposivism much earlier, the High Court of Australia has only been receptive to purposivism since the 1970s.

American jurist Henry M. Hart, Jr., and Albert Sacks, are considered early proponents of American purposivism.

This prestigious endorsement did much to boost the profile and credibility of the approach, but several decades would nonetheless pass before purposivism would win definitive acceptance in the English courts.

Although legal process is no longer popular by name, particularly in the academy, it can be seen as harmonizing with both major modern schools of judicial thought, textualism and purposivism, depending on which of the foregoing assumptions are emphasized.

As opposed to Justice Breyer's strong form of purposivism, "weak purposivists" might consult the statute's purpose only as a device for interpreting vague provisions of its text, and in no circumstances to override the text.

In the 50 years following the article's publication, a further 25 hypothetical judgments were written by various authors whose perspectives include natural law theory, consequentialism, plain meaning positivism or textualism, purposivism, historical contextualism, realism, pragmatism, critical legal studies, feminism, critical race theory, process theory and minimalism.

For example Abbe Gluck said "There are different stripes of purposivists..." Jennifer M. Bandy stated, "Thus, Justice Breyer's strain of purposivism focuses on understanding the law in relation to both the people who passed it and the people who must live with it."