evaluation of the literal rule

• What are the points on why the literal rule is advantageous?

  Respects parliamentry sovereignity

  leaves law making to parliament who was elected

  Restricts role of the courts

  Encourages precision in drafting the law

  Makes it less complicated for lawyers to make predictions on the law
• What are the points on why the literal rule is disadvantageous?

  Can lead to injustices if judges dont look at the bigger picture

  This rule is useless if there isnt a solution in the act for the individual situation

  Ambiguity exists as a matter of fact, there is no use in pretending that it doesnt.

  Words' meanings shift over time

  The literal rule isnt concerned with the outcome.
• why is the fact that the literal rule respects the sovereignity of parliament an advantage of the literal rule?

  The literal rule adheres strictly to the words used by Parliament, ensuring that the judiciary does not overstep its boundaries or usurp legislative functions. This preserves the democratic principle that laws should be made by elected representatives rather than appointed judges.
• Why is the fact that the literal rule leaves law-making to parliament an advantage of the literal rule?

  Since Parliament is elected to create laws, the literal rule ensures that the intent of the lawmakers is respected. This minimizes judicial activism and maintains the separation of powers by preventing judges from interpreting laws based on their views or societal changes.
• Why is the fact that the literal rule restricts the role of the courts an advantage of the literal rule?

  By focusing solely on the literal meaning of the words, the courts are limited in their interpretive role. This reduces the risk of judicial overreach and maintains a clear distinction between the roles of the judiciary and the legislature.
• Why is the fact that the literal rule encourages precision in drafting the Law an advantage of the literal rule?

  Knowing that laws will be interpreted literally, lawmakers are encouraged to draft legislation with clear and precise language. This reduces the likelihood of ambiguous or vague statutes and promotes legal clarity and predictability.
• Why is the fact that the literal rule makes it easier for lawyers to make predictions on a case an advantage of the literal rule?

  the literal rule provides consistency and predictability in legal interpretation. Lawyers can advise their clients with greater certainty about how courts will interpret statutory language, thereby reducing legal uncertainty and promoting fairness in legal proceedings.
• why is the fact that the literal rule can lead to injustices if the bigger picture isnt looked at a disadvantage of the literal rule?

  LNER v Berriman – A widow was denied compensation because her husband, who was killed while maintaining railway tracks, was not "relaying or repairing" the track as stated in the statute. The literal interpretation led to an unjust outcome as it ignored the broader purpose of the legislation.
• Why is the fact that the literal rule is useless if there isnt a solution within the act of parliament a disadvantage?

  If a statute does not address a specific issue or situation, the literal rule can lead to gaps in the law, leaving certain cases unresolved and potentially leading to unfair outcomes.
• Why is the fact that the literal rule assumes a higher standard of parliamentry draftsmanship than what probably exists a disadvantage?

  The literal rule assumes that all statutes are perfectly drafted and free from errors or ambiguities. In reality, legislative drafting can be imperfect, and strict adherence to the literal meaning can result in interpretations that Parliament did not intend.
• Why is the fact that ambiguity existing as a matter of fact a disadvantage of the literal rule?

  Example: Dangerous Dogs Act 1991 – The term "bull terrier" led to confusion and inconsistent enforcement because the statute did not provide a clear definition. The literal rule fails to account for inherent ambiguities in language, which can lead to confusion and inconsistent application of the law.
• Why is the fact that Words' meanings changing over time a disadvantage of the literal rule?

  Language evolves, and the meaning of words can change over time. The literal rule does not account for these changes, which can result in outdated or inappropriate interpretations of statutes.
• Why is the fact that the literal rule isnt concerned with the outcome of the case a disadvantage?

  Example: Whiteley v Chappell – A person was acquitted of electoral fraud because the statute made it an offense to impersonate "any person entitled to vote." The defendant impersonated a deceased person who was not technically "entitled to vote," leading to an absurd result. The literal rule can result in outcomes that are contrary to the intent of the legislation and societal expectations.