Literal Rules

Question 1

Advantages of the literal rule 1

Answer 1

Issue: The literal rule ensures Parliamentary Supremacy.
• Cause: The literal rule ensures Parliamentary Supremacy because it follows the exact wording Parliament used and the literal meaning of those words.
• Example: In LNER v Berriman judges stuck to the strict meaning of relaying and repairing and refused to include maintaining because it had not been specified by Parliament.
• Consequence: Parliamentary Supremacy is good because it is Parliament’s job, not a judge’s, to make the law due to them being elected and representing society.

Question 2

Advantages of the literal rule 2

Answer 2

Issue: An advantage of the literal rule is it creates certainty.
• Cause: The literal rule creates certainty because it follows the Act strictly, word for word, and so the Acts will always have the same meaning.
• Example: For example, in DPP v Cheeseman, the word passenger was taken from the dictionary and so everyone will be viewed under the same definition of ‘passer by’.
• Consequence: This is good because it keeps the law fair and consistent and allows lawyers and defendants to know the law and properly prepare for trials.

Question 3

Advantages of the literal rule 3

Answer 3

Issue: Advantage of the literal rule is it is easy to use/saves time.
• Cause: This is because judges do not need to think about the meaning of words, just apply them as they are.
• Example: For example, in DPP v Cheeseman, the word passenger was taken from the dictionary. This was quick and easy for judges to look up.
• Consequence: This is an advantage because it means ‘swift justice’ and more cases can be dealt with in less time.

Question 4

Disadvantage of the Literal Rule 1

Answer 4

Issue: One disadvantage is that it causes absurd decisions.
• Cause: This is because it follows the words of the Act strictly and may end up being restrictive.
• Example: In LNER v Berriman the claimant was denied compensation purely because he husband was maintaining the tracks rather than reparing them. This is an absurd distrinction to draw and workers’ families should receive compensation regardless of what job they were actually carrying out on the track.
• Consequence: This is a disadvantage because it means bad decisions will be made due to technicalities and may prevent justice.

Question 5

Disadvantage of the literal rule 2

Answer 5

Issue: One disadvantage of the literal rule is that it assumes
impossible perfection in drafting.
• Cause: Because judges follow the exact words of the Act as
they are written, even when Parliament have made a mistake.
• Example: In LNER v Berriman, only ‘repairing or relaying’ the track entitled rail employees to a lookout. Maintaining the track did not need a lookout despite it carrying the same risk. This is clearly not what Parliament wanted.
• Consequence: This is a disadvantage because it means Parliament’s intention isn’t actually fulfilled and it leads to absurd decisions which Parliament did not intend.

Question 6

Disadvantage of the literal rule 3

Answer 6

Issue: A disadvantage of the literal rule is that judges may
disagree on the ‘literal’ meaning of words.
• Cause: Because some words have more than one meaning.
• Example: In R v Allen, where marriage had two different meanings that could have been taken.
• Consequence: This is a disadvantage because it could make it difficult to actually apply the literal rule and therefore is not really quick or easy to use.