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Purposive Approach and In Pari Materia

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Purposive Approach and In Pari Materia

  • This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.
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  • June 7, 2017 at 5:43 pm #391467
    iloveaccountancy
    Member
    • Topics: 119
    • Replies: 111
    • ☆☆☆

    Hello Mike. Thank you for all of your ongoing help.

    I have just watched the lecture for Chapter 4, ‘Statute Law’, however I could not get a clear idea of the Purposive Approach and In Pari Materia. I also tried to search on Google but could not find a consistent idea of both of them.

    I wanted to ask if you could you summarise each one in two single sentences? Then I could get a clear idea of of how they are different from the other rules.

    Thank you in advance for any help you can give.

    June 8, 2017 at 5:39 am #391680
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23309
    • ☆☆☆☆☆

    ‘Purposive approach’ is where the Courts interpret a statute according the the intention (or purpose) of the law

    You could conclude that purposive interpretation is intended to replace the mischief rule and the golden rule but, so far as I am aware, both those others are still “used”

    In pari materia – where 2 or more statutes are passed concerning the same subject matter and the later ones are not over-ruling the earlier ones (so they’re addition rather than substitutions) the the interpretation of a word or expression in one of those statutes shall be applied exactly the same way in the other statutes in the same series

    I mention, early on in the lectures, the Judicature Acts 1873 – 1875

    Interpretation of an expression in the 1873 Act shall be applied to the same expression in the 1875 Act

    OK?

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  • The topic ‘Purposive Approach and In Pari Materia’ is closed to new replies.

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