Statutory Interpretation - Literal Rule Flashcards
Definition of Literal rule
Judges will apply the plain, ordinary meaning to the words in a statute, even if doing so leads to an absurd result.
LNER v Berriman
A railway worker was killed whilst maintaining the track. The Fatal Accidents Act 1846 stated that a lookout is required when ‘relaying or repairing’ the track. His employers were not liable and his widow received no compensation.
Whitely v Chappell
A statute aimed at preventing electoral malpractice made it illegal to ‘impersonate any person entitled to vote’. D had impersonated a dead person (not entitled to vote) therefore he was not found guilty.
DPP v Cheeseman
The Town Police Clauses Act 1847 made it illegal for D to expose his person in a street ‘ to the annoyance of passengers’. D was masturbating in public lavatories and was caught by two policemen. The court held the word ‘passengers’ encompassed those using the street for its ordinary purpose. Since the policemen weren’t there to use the lavatories D wasn’t found guilty.
Advantage - Parliamentary Supremacy
Ensures Parliament Supremacy by judges following the exact wording used in statutes. E.g. DPP v Cheeseman the judges upheld parliament supremacy by applying the literal meaning of the word passenger even though it resulted in D being acquitted.
Advantage - Certainty within the law
Provides certainty within the law by making sure similar cases have similar outcomes which also makes the law consistent and fair. This is important for judges, the public, defendants and lawyers as the public will know if their actions are illegal, defendants and lawyers know the likely outcome of a case and judges know the likely outcome the rule will produce.
Disadvantage - Absurdity and injustice
Can lead to absurdity and injustice where the literal meaning of words do not cover the facts of the case. E.g.In Whitely v Chappell an absurd result was reached and D was acquitted of impersonating a dead person which was surely what parliament was trying to prevent by stating in the statute that it’s illegal to ‘impersonate any person entitled to vote’.
Disadvantage - Assumes unattainable perfection in draftmanship
Assumes unattainable perfection in draftmanship meaning that when judges use the literal rule, they do so by assuming the statute is written perfectly and this isn’t possible. E.g. LNER v Berriman it’s possible that parliament made a mistake in The Fatal Accidents Act 1846 when only providing a lookout when ‘relaying or repairing’ the track. The deceased was maintaining which surely has the same risks as the latter.
