Disadvantages of the Literal Rule (SA P2)

Question 1

P1

Answer 1

• Undermines
• Fisher V Bell 1961
• Predictability
• DPP V Cheeseman 1990

Question 2

P2

Answer 2

• Unrealistic
• Whitely V Chappell 1868
• Encourages Parliament to be precise
• Fisher V Bell 1961

Question 3

P3

Answer 3

• Absurd result
• LNER V Berriman 1946
• Respects parliamentary sovereignty
• Whitely V Chappell 1868

Question 4

P4

Answer 4

• Ignores the limitations of language
• Michael Zander
• Follows the separation of powers
• LNER V Berriman 1946

Question 5

Undermines

Answer 5

• Undermines parliaments intention
• Judges now required to interpret statutes in a way which is consistent with human rights which favours a more purposive approach
• Decision in Fisher V Bell can hardly be said to have achieved what parliament wanted

Question 6

When was Fisher V Bell?

Answer 6

1961

Question 7

Predictability

Answer 7

• Predictability and legal certainty
• Using literal rule should make law more certain, as it will be interpreted exactly as written
• Makes it easier for lawyers to advise clients confidently, reducing litigation
• Alternative approaches may allow for unpredictable results, undermining certainty

Question 8

When was DPP V Cheeseman?

Answer 8

1990

Question 9

Unrealistic

Answer 9

• Unrealistic
• Expects an impossible level of perfection from Parliamentary draftsmen
• Parliament cannot be expected to foresee every situation that may arise
• Assumes every act is written without mistakes or drafting errors

Question 10

When was Whitely V Chappell?

Answer 10

1868

Question 11

Encourages parliament to be precise

Answer 11

• Encourages parliament to be precise
• Accuracy by parliament
• Legislation which is clear, precise, plainly written and can be understood/interpreted by anyone who can read english

Question 12

Absurd results

Answer 12

• Absurd results
• Following words exactly can lead to blatantly harsh or unjust outcomes

Question 13

When was LNER V Berriman?

Answer 13

1946

Question 14

Respects parliamentary sovereignty

Answer 14

• Respects parliamentary sovereignty
• Judges follow words used by parliament, which is democratically elected
• Prevents unelected judges from making law

Question 15

Ignores the limitations of language

Answer 15

• Ignores the limitations of language
• Overemphasises literal meaning of word without giving due weight to its context, may make the meaning of the Act unclear
• Dictionaries list words with different meanings

Question 16

Michael Zander

Answer 16

Michael Zander said it was “Mechanical and divorced from the realities of the use of language”

Question 17

Follows the separation of powers

Answer 17

• Follows the separation of powers
• Recognises that parliament is our law making body and it is right that judges should apply the law exactly as its written
• Prevents unelected judges making law