A Level Law Practice Exam

What is a disadvantage of the purposive approach?

1. It ensures the clarity of laws

2. It leads to uncertainty in legal outcomes

3. It limits the judges' discretion in decision making

4. It emphasizes the importance of statutory language

The correct answer is: It leads to uncertainty in legal outcomes

The purposive approach to statutory interpretation focuses on the intention behind the legislation rather than just the literal wording. While this method can bring about flexible and contextually relevant interpretations, it can also introduce a degree of uncertainty in legal outcomes. This is because understanding the purpose of a statute can at times be subjective, leading to varied interpretations by different judges or in different cases. As a result, what is intended by the law can become obscured, and parties may not be able to predict how a judge will interpret a law based on its purpose rather than its text. In contrast, the clarity of laws is often associated with a more literal approach, which provides a more stable interpretation. Limiting judicial discretion would also usually align with approaches that adhere more closely to the text of the law. Finally, emphasizing statutory language is characteristic of a different interpretive method, such as the literal approach, which prioritizes the actual words used in legislation over the aims behind them.