Describe the literal rule of statutory interpretation Flashcards
What is the literal rule of statutory interpretation?
The literal rule is a traditional rule that serves as the starting point for interpreting a statute. It states that if the words of the Act are clear, they should be given their ordinary, literal meaning, even if this leads to an absurdity.
Defined in R v Judge of the City of London Court.
How are words in an old statute interpreted?
Words in an old statute are given their meaning at the time it was written, using the Oxford English Dictionary definition.
This ensures historical context is considered.
What was the outcome of Whiteley v Chappell?
In Whiteley v Chappell, the court held that the defendant was not guilty of impersonating a dead person on the electoral roll, as he literally was not entitled to vote.
This case illustrates how the literal rule can lead to absurdity or injustice.
What was the ruling in London and North East Railway v Berriman?
The court ruled that compensation was not payable to the widow of an employee killed while oiling a railtrack, as oiling was not literally ‘repairing or relaying’.
This case also demonstrates an absurdity/injustice resulting from the literal rule.
How does the literal rule respect the separation of powers?
The literal rule respects the doctrine of separation of powers and parliamentary supremacy by allowing judges to apply the law as created by its makers.
This maintains the integrity of the legislative process.
