Advantages and disadvantages of literal rule

Question 1

State 4 advantages of literal rule

Answer 1

Certainty
Follows parliament
Stops judge made law
Encourages good draftsmanship

Question 2

Write a WDP for certainty

Answer 2

P-Creates certainty
DP-Allows solicitors to advise more accurately
WDP- Saves time and money
(R v Bassett)

Question 3

Write a WDP for follows parliament (Add a case)

Answer 3

P-Follows parliament
DP-respects separation of powers and the supremacy of parliament
WDP-Supporting democracy because no judge made law
(Whitely V chappel)

Question 4

White a WDP for stopping judge made law

Answer 4

P- Unelected judges aren’t making law
DP- Provides no scope for judges to make own decisions
WDP- Respecting parliaments intentions that if we need a new law democracy should create one

Question 5

Write a WDP for encourages draftsman to be accurate

Answer 5

P- Encourages draftsman to be right
DP- Then we wouldn’t need the purposive approach
WDP- Saves time and money