literal rule

• why is statutory interpretation needed?

  mistakes in drafting (fisher v bell)

  words can change meaning (cheeseman v dpp)

  circumstances can change (royal college of nursing v dhss)

  broad terms (brock v dpp)
• what is the literal rule?

  using the literal, dictionary and ordinary meaning of the word in a statute using the oxford english dictionary
• what did lord esher say in 1892?


  "court has nothing to do with the question of whether legislature has committed an absurdity"
• what are some judges' reason for supporting the literal rule?

  they believe it isn't their job to change the wording of an act of parliament
• fisher v bell (literal)

  goods displayed on a shop window are not an offer for sale; it is an invitation to treat
• whiteley v chappell (literal)

  dead people are not entitled to vote, therefore it is not illegal to impersonate a dead person to vote in an election
• london and north eastern railway co v berriman (literal)

  berriman was "maintaining track" not relaying or repairing it so compensation was not given
• r v bentham (literal)

  you cannot possess your own body parts, therefore finger guns are not an imitation firearm
• cheeseman v dpp (literal)

  "passengers" has changed meaning over time, D was acquitted against indecent exposure "to the annoyance of passengers"
• micheal zander said:


  "mechanical and divorced from realities of the use of language"
• when was the literal rule developed?

  in the 19th century