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"European Community Legislation is drafted in a way that requires a purposive approach to its interpretation. This requirement however runs counter to the literal approach that is dominant in the English System" Discuss.
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"European Community Legislation is drafted in a way that requires a purposive approach to its interpretation. This requirement however runs counter to the literal approach that is dominant in the English System" DISCUSS The purposive approach to Judicial interpretation looks at the purpose behind or the intention of the law, considering treaties, administrative acts and preparatory work for the legislation with consistency being considered less important then justice to individual parties (taken from http://www.londonexternal.ac.uk). This is significant in regards to the essential differences between the British literal approach and the European purposive approach as the European approach looks at a wide range of documents to give meaning to legislation other than the bare text of the legislation in question, this is reflected in European law which is not as concise as British Law. British statutes are phrased with "words...(being)... ambiguous...(and)... phrases and paragraphs...(being)... even more so" (Heap, 2000, p185)....
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