Advantages + disadvantages

Cards (6)

  • Advantages is that its democratic . Exact wording of democratically elected MPs is followed this can be seen in LNER v Berrimen . This is an advantage because the rule follows principle of Parliamentary Sovereignty
  • Literal Rule highlights problems with the wording of an act. Absurd results prompt parliament to amend the law. This happened after an absurd result was produced in both Partridge and fisher. This is a advantage because it can ensure similar drafting mistakes are avoided in the future.
  • A disadvantage of the literal rule is that it assumes Parliament can achieve perfection. Law commission has described this as unattainable as evidenced by Whitely v Chappell . This is a disadvantage because English language has limitations and individuals shouldn’t have to suffer the consequences of this
  • Another disadvantage is that it doesn’t take into account word can have more than one meaning. For example type has more than one meaning which caused problems in the interpretation of Dangeroys Dogs Act 1991 in Beock v DPP. This is a disadvantage because it is impossible to use this rule in many instances
  • Advantage is that the literal rule provides certainty.
    law applied is exactly as it’s written and the literal interpretation of words are easy to find . Can be seen in Fisher v Bell and Partidge v Crittenden where term “offer” was being interpreted . As literal rule had been used outcome was the same in both cases
    Advantage because the rule means lawyers can predict hlw the law will apply to future cases involving the same dispute
  • Disadvantage is that the rule produces absurd results. Professor Michael Zander denounced rule as being mechanical and divorced from the relatives of language . Can be evidenced by case of Whitely v Chappell in which literal interpretation of “entitled to vote” allowed a clearly guilty D not to be found due to a technicality . Disadvantage because law is clearly not being applied as it was intended by parliament