Literal rule - Lecture notes 22 PDF

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Summary

this lecture explains the literal rule...

Description

The literal rule of statutory interpretation should be the first rule applied by judges. Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute. Some examples of the literal rule: R v Harris (1836) 7 C & P 446 Fisher v Bell [1961] 1 QB 394

Whitely v Chappel (1868) LR 4 QB 147

Problems with the literal rule

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There can be disagreement as to what amounts to the ordinary or natural meaning:

R v Maginnis [1987] AC 303

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Creates loopholes in the law:

R v Harris (1836) 7 C & P 446 Fisher v Bell [1961] 1 QB 394 Partridge v Crittenden Leads to injustice: London and North Eastern Railway v Berriman

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Creates awkward precedents which require Parliamentary time to correct

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Fails to recognise the complexities and limitations of English language

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Undermines public confidence in the law

Advantages of the literal rule

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Restricts the role of the judge

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Provides no scope for judges to use their own opinions or prejudices

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Upholds the separation of powers

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Recognises Parliament as the supreme law maker...