Literal rule

Literal rule

1. Judge will give the word / phrase in the act it's Ordinary, natural dictionary definition.

2. Lord Esher: "The court has nothing to do with whether the legislature has committed an absurdity.

3. Whiteley v Chappell

   • Representation of the person act 1860
   • "It is an offence to impersonate any person entitled to vote"
   • Defendant voted in a dead persons name.
   • Not guilty as "any persons entitled to vote" requires person to be alive.

4. Brock v DPP

   • Dangerous dogs act 1991
   • "Any dog of the type known as pit bull terrier."
   • Appeals conviction of having possession of put bull terrier. Argued dog was a Mongrel and therefore should not be put down.
   • "Type" had a wider meaning of "substantial qualities" and Brocks dog had substantial qualities of a pit bull terrier and was therefore put down.

5. Strengths.

   • It respects parliamentary supremacy as it takes the exact words they used and put it into practice.
   • Makes the law certain as it's applied exactly as written. Easier for people to understand and judges to apply it.

6. Weaknesses.

   • It assumes every act to be drafted perfectly but it's impossible to cover every single situation possible in one act
     • Example is Whiteley v Chappell.
   • Words can have many different meanings such as type in Brock v DPP. makes interpreting certain words hard.
   • Following exact wording can lead to unfair and unjust decisions such as London and North Eastern Railway Co V Berriman