Literal rule

• The Literal Rule


  Judges give words their plain, natural, ordinary and dictionary meaning.
• Harris


  Biting did not come under the definition of 'stab, cut or wound' as it implied the use of an instrument.
• LNER v Berrimen


  Maintaining did not fall under 'relaying or repairing' so the widow could not claim compensation.
• Literal Rule Advantages

  P- predictability - dictionary - LNER v Berriman, no compensation.

  P- respects parliamentary sovereignty - apply definition - LNER v Berriman, did not change definition.

  P- punishes poor legislation - highlights problems - Whiteley v Chappel, encouraged reform.

  P- ensures judges respect their role - stay within their constitutional role - Harris, did not change definition.
• Literal Rule Disadvantages

  P- absurd results - natural definition -Harris, not liable for what he was guilty of.

  P- expects perfection - humans make inevitable mistakes - Whiteley v Chappel, act not included in every situation.

  P- problems when there’s more than 1 meaning - hard to know which meaning was intended - LNER v Berriman, judges had to guess.

  P- cannot adapt - out dated - Harris, phrase did not allow for new circumstances.
• Whiteley v Chappel


  judges decided the D didn’t commit an offence as the dead person wasn’t allowed to vote.