The Literal rule

Cards (3)

  • The literal rule - taking a word/phrase at its dictionary meaning (Pinner)
  • Literal rule advantages:
    +   A straightforward, universal approach (mostly)
    +   Clearer for the public to understand 
    +   Respects parliament sovereignty 
  • Literal rule disadvantages:
    -       Possible loopholes if the bill is poorly drafted – impossible to cover every situation when drafting the act  
    -       Can lead to absurd decisions (Whitley, Berriman)
    -       Words may have more than one meaning