literal rule

Cards (15)

  • traditional approach
  • words in act given dictionary definition from time act was passed
  • (dpp v cheeseman) 'passengers'
  • (whiteley v chappell) dead people aren't entitled to vote
  • (fisher v bell) 'invitation to treat' not 'offer to sale'
  • (l&ner v berriman) 'maintaining' not 'repairing'
  • ++ follows words democratically elected parliament has used
  • ++ prevents unelected judges making law, supports parliamentary sovereignty
  • ++ makes laws certain, interpreted as written
  • ++ forced parliament to be clear drafting
  • -- assumes every act is perfectly drafted, not possible to word an act to cover every situation (whiteley v chappell)
  • -- words may have more than one meaning, act unclear, dictionaries may include many definitions for a word
  • -- impossible to draft law to cover every situation parliament intended
  • -- following words exactly can lead to unfair or unjust decisions (l&ner and berriman)
  • -- demands unrealistic perfection of wording by draftsmen foresight of how it will cover every situation