literal rule advantages - model answer

• Firstly, the process of the literal rule respects parliament as they have been elected democratically and therefore respects the democratic sovereignty of Parliament. It also assumes that the original Act of parliament is correct and fair, illustrating respect to Parliament because they create commendable laws. It prevents unelected judges from making law and creating a system which is undemocratic, but making them follow the Law put in place by Parliament. For example, the Fatal Accidents Act 1846 was followed in LNER v Berriman by the Judges, respecting parliaments authority.
• Another advantage is that it is seen as a reliable source of interpretation. The judges take the ordinary and natural meaning of the word, often from the dictionaries used at the time the Law was created, which creates certainty in the Law. This makes it easier for Lawyers to advise clients and apply the Law, meaning they will know what a Judge is likely to do in a case. It can also make the Law more understandable and accessible to lay people. For example, in Cheeseman v DPP, the dictionary definition of 'passengers' confirmed parliaments intention.
• Also, it can be argued that the literal rule is crucial in developing accurate and clear Acts of parliament. As under this approach, the Law is going to be applied to the exact letter, it forces parliament to ensure the legislation is created clearly and that the language used is fit for purpose. Failure to do so will lead to Laws which do not work and require amendments and judicial interpretation, such as Dangerous Dogs Act (1991).
• The process of the literal rule can also be said to respect the doctrine of the separation of powers from Montesquieu. By ensuring the judiciary are there to simply apply the legislation created by parliament, to the letter, this keeps the powers of the arms of the state separate and give the judiciary very minimal powers in the legislative function.