purposive approach

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purposive approach

  1. 1. Statutory Interpretation:Purposive Approach NMA/LWB01B/2010-1011
  2. 2. Definition:The approach that requires judges to seek, and promote, the purpose underlying the legislation. NMA/LWB01B/2010-1011
  3. 3. Background:• Too general or too complex• Indeterminate wordings• Imprecision wordings NMA/LWB01B/2010-1011
  4. 4. Authority:Section 17A of Interpretation Act 1948 & 1967: In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object. NMA/LWB01B/2010-1011
  5. 5. Case 1:United Hokkien Cemetries, Penang v Majlis Perbandaran, P Pinang [1979] 2 MLJ 121 NMA/LWB01B/2010-1011
  6. 6. Issue:Whether a columbarium, a placewhere urns of cremated ashes of thedeceased is kept, could be suchbuilding? NMA/LWB01B/2010-1011
  7. 7. Held:Per Chang Min Tat FJ: I see no reason therefore why the same interpretation should not be extended to a columbarium and the repose of the ashes of the departed kept in their honour and in memory of them should not be regarded as a religious worship. NMA/LWB01B/2010-1011
  8. 8. Case 2:DYTM Tengku Idris Shah ibni Sultan Salahuddin Abdul Aziz Shah v Dikim Holdings Sdn Bhd & Anor [2002] 2 MLJ 11 NMA/LWB01B/2010-1011
  9. 9. Fact:Writ of summons &statement of claim Defence & counterclaim NMA/LWB01B/2010-1011
  10. 10. Issue:Whether the plaintiff was Ruler forpurpose of Article 181, 182 and 183of Federal Constitution? NMA/LWB01B/2010-1011
  11. 11. Held:Per Haidar FCJ: it is clear that only the Rulers and not the persons exercising the functions of the Rulers have the exclusive recourse to the special court. NMA/LWB01B/2010-1011

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