Literal Rule Flashcards
What is the literal rule in statutory interpretation?
The literal rule is a traditional approach to statutory interpretation where judges apply the words of the statute as they are written, using their ordinary, literal meaning.
How was the literal rule defined in R v Judge of the City of London Court?
In R v Judge of the City of London Court, the literal rule was defined as: “if the words of the Act are clear, they should be given their ordinary, literal meaning, even though they may lead to an absurdity.”
What is the significance of the Oxford English Dictionary in applying the literal rule?
The Oxford English Dictionary provides the definition of words used in the statute when applying the literal rule.
How are words in an old statute interpreted under the literal rule?
Words in an old statute are given their meaning as it was understood at the time the statute was written.
What case involved the use of the literal rule to interpret the Poor Law Amendment Act 1851?
The literal rule was used in Whiteley v Chappell to interpret the Poor Law Amendment Act 1851.
What was the legal issue in Whiteley v Chappell?
The legal issue in Whiteley v Chappell was whether it was an offence to impersonate a person entitled to vote, specifically a deceased person.
How did the court apply the literal rule in Whiteley v Chappell?
The court applied the literal rule in Whiteley v Chappell by interpreting the statute’s phrase “any person entitled to vote” literally, meaning the defendant was not guilty because a dead person was not entitled to vote.
What absurdity or injustice arose from the court’s decision in Whiteley v Chappell?
The absurdity in Whiteley v Chappell was that the court’s decision, based on the literal rule, allowed a person who had impersonated a dead person to avoid guilt.
In London and North East Railway v Berriman, which statute was interpreted using the literal rule?
In London and North East Railway v Berriman, the Railway Employment (Prevention of Accidents) Act 1900 was interpreted using the literal rule.
What was the issue in London and North East Railway v Berriman regarding the compensation claim?
The issue in London and North East Railway v Berriman was whether compensation was payable to the widow of an employee killed while oiling a railtrack without a look-out man.
How did the court apply the literal rule in London and North East Railway v Berriman?
The court applied the literal rule in London and North East Railway v Berriman by interpreting the statute literally, which stated that compensation was only due when employees were “repairing or relaying” the track.
What absurdity or injustice resulted from the decision in London and North East Railway v Berriman?
The absurdity in London and North East Railway v Berriman was that the court’s interpretation of the statute denied compensation to a widow even though the statute aimed to compensate those harmed due to the employer’s lack of care.
How does the literal rule respect the doctrine of separation of powers?
The literal rule respects the doctrine of separation of powers by ensuring judges apply the law as it is written, without making law themselves.
How does the literal rule uphold the doctrine of parliamentary supremacy?
The literal rule upholds the doctrine of parliamentary supremacy by allowing judges to follow the law as passed by Parliament, not interpreting it beyond its literal meaning.
What does the literal rule imply about the role of judges in interpreting statutes?
The literal rule implies that judges should not create or change the law but simply apply the statute as it was written by Parliament.
