Describe advantages and disadvantages of the literal rule (12 marks)

Question 1

Follows the will of the parliament

Answer 1

1. Follows the Will of Parliament (Democratic)
   • Judges apply the law exactly as Parliament wrote it.
   • This respects democracy because Parliament (elected officials) make the laws, not unelected judges.
   • Example: In Whiteley v Chappell, the court gave the phrase “any person entitled to vote” its ordinary meaning, following Parliament’s words exactly.

Question 2

Adv provides certainty

Answer 2

2. Provides Certainty
   • Since the law is taken exactly as written, judges give consistent decisions.
   • Lawyers can predict outcomes, which helps people know what to expect.
   • Example: The meaning of “any person entitled to vote” in Whiteley v Chappell was clear and certain.

Question 3

Adv saves time and money

Answer 3

3. Saves Time and Money
   • Courts don’t have to spend time guessing what the law means.
   • Once a meaning is decided, similar cases use the same meaning, avoiding many court battles.
   • Example: After Whiteley v Chappell, future cases use the same interpretation, saving effort.

Question 4

ADV EASY TO APPLY

Answer 4

4. Easy to Apply
   • Judges don’t have to interpret or guess what Parliament meant.
   • This makes the rule simple and straightforward to use.

Question 5

DISADV Assumes Parliament Meant the Exact Result

Answer 5

Assumes Parliament Meant the Exact Result
• Sometimes the literal meaning produces results Parliament did NOT intend.
• Example: In Whiteley v Chappell, the defendant was found not guilty even though he impersonated someone on the voting list because the person was dead and not literally “entitled to vote.”
• Critics say this rule is too “mechanical” and ignores how language works in real life.

Question 6

DISADV can lead to unfair decision

Answer 6

2. Can Lead to Unfair or Absurd Decisions
   • Following words exactly can cause harsh or unfair outcomes.
   • Judges have no freedom to fix unfairness under this rule.
   • Example: The decision in Whiteley v Chappell seemed unjust because the defendant clearly tried to cheat the system but was not guilty by literal wording.

Question 7

DISADV not perfect

Answer 7

3. Acts of Parliament Are Not Perfect
   • Laws can be poorly written or unclear.
   • Words can have more than one meaning, which the literal rule does not handle well.
   • Example: The law in Whiteley v Chappell didn’t consider cases where someone impersonates a dead person, leaving a loophole.

Question 8

DISADV may cause extra costs and delays

Answer 8

4. May Cause Extra Costs and Delays Later
   • When literal decisions show problems, Parliament has to fix laws by making new ones.
   • This takes time and money.
   • The literal rule works better for simple old laws but struggles with modern, complicated legislation.