Describe The Advatages And Disadvantages Of The Literal Rule

Question 1

What is the first advantage of the literal rule?

Answer 1

The judge follows the WILL OF PARLIAMENT, ensuring that unelected judges are not making law, but applying law made by the elected House of Commons.

Example: In Whiteley v Chappell, the phrase ‘any person entitled to vote’ was given its ordinary, literal meaning.

Question 2

What is a disadvantage of the literal rule?

Answer 2

It is WRONGLY ASSUMED THAT PARLIAMENT MEANT THE RESULT achieved by the rule, ignoring the realities of language.

Example: In Whiteley v Chappell, the literal interpretation led to the defendant being found not guilty despite impersonation.

Question 3

What is the second advantage of the literal rule?

Answer 3

The result is CERTAIN as the Act is interpreted exactly as written, promoting consistency and public confidence in the law.

Example: In Whiteley v Chappell, the not guilty decision was certain due to the literal interpretation.

Question 4

What is a disadvantage related to rigidity in the literal rule?

Answer 4

RIGIDITY and INJUSTICE can occur, leading to unfair decisions as judges have no discretion to provide justice.

Example: In Whiteley v Chappell, the rigid interpretation resulted in an unjust not guilty verdict.

Question 5

What is the third advantage of the literal rule?

Answer 5

SAVING TIME AND COST is achieved as the same meaning is applied consistently, reducing the need for expensive court cases.

Example: Future cases similar to Whiteley v Chappell will interpret ‘any person entitled to vote’ in the same way.

Question 6

What is a disadvantage related to errors in the literal rule?

Answer 6

Errors highlighted by the literal rule require Parliament to pass amending legislation, which incurs significant time and cost.