0.4 - Literal rule Flashcards
What is the literal rule?
Where judges use the exact meaning of words when interpreting statute, no matter how absurd the outcome.
How would judges get the exact meaning of words?
By giving them their plain, ordinary, grammatical meaning from a standard dictionary.
Since the meaning of words can change over time, for old Acts, a dictionary is used from the time the Act was passed.
What is the aim of the literal rule?
To apply statutes written by Parliament with no interpretation or alteration by judges.
What is Parliamentary Soveignty?
It makes Parliament the supreme legal authority in the UK which can create or end any law.
What can a literal interpretation of words cause?
It can result in unfair or absurd (unreasonable) outcomes. However, the judge may still uphold that meaning, because to change a word’s meaning, would be changing the law.
DPP v Cheeseman
Town Police Clauses Act 1847 said it was an offence for people to wilfully and indecently expose themselves in public to ‘passengers’ (an old word for passers-by).
Following complaints undercover police officers were stationed in a public toilet. Mr Cheeseman exposed himself to them.
D not guilty as police were not ‘passengers’ (meaning ordinary users), but ‘stationed’ there as part of their work.
Whiteley v Chappell
It is an offence to impersonate any person entitled to vote.
D voted in a general election. He pretended to be a person whose name was on the electoral register, but who had died.
D not guilty as dead people are not ‘persons entitled to vote’
L&NER v Berriman
A look-out should be provided for men working on or near the railway line ‘for the purposes of relaying or repairing’ it.
Mrs Berriman tried to claim compensation because her husband was killed at work whilst he was oiling the points on the line and there had not been a look-out.
No compensation owed because her husband was ‘maintaining’ the track not
Fisher v Bell
Offensive Weapons Act 1959 said it was an offence to offer flick-knives for sale. The defendant had flick knives in his shop window and was charged with offering these for sale.
D not guilty as under contract law the items in the window were an ‘invitation to treat’ rather than an ‘offer for sale’.
What are advantages of the literal rule?
It respects the Separation of powers theory.
It is consistent.
Some judges will argue that they are doing parliament a service by pointing out faulty legislation.
Provides no scope for judges to use their own opinions or prejudices.
What are disadvantages of the literal rule?
The rule can result in absurd and unjust decisions.
It ignores the fact that language has limitations and can change over time.
The rule demands standards of unattainable perfection from the parliamentary draftsmen.
Creates awkward precedents which require parliamentary time to correct.
