Mind map
Literal rule
Map content
Literal rule
Judge will give the word / phrase in the act it's Ordinary, natural dictionary definition.
Lord Esher: "The court has nothing to do with whether the legislature has committed an absurdity.
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.
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.
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.
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
- It assumes every act to be drafted perfectly but it's impossible to cover every single situation possible in one act
Information
- Description
- Mind Map on Literal rule, created by Kiren Cheema on 03/05/2017.
- Created by
- Kiren Cheema · May 2017
- Updated
- Apr 6, 2018
- Views
- 0
- Rating