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Literal Rule

Hannah Muggeridge English

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Literal Rule

  1. A rule of statutory interpretation that gives words their plain, ordinary, dictionary meaning

  2. Whiteley v Chappell

  3. Developed in early 19th century, and used primarily throughout the first part of the 20th century

  4. DPP v Cheeseman

  5. London & North Eastern Railway Co. v Berriman

  6. Lord Esher in R v Judge of the City of London Court: "if the words in an act are clear then you must follow them even though they lead to a manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity.

  7. Follows Parliaments wording

  8. Prevents unelected judges making law

  9. Makes the law more certain

  10. Easier to predict how judges will interpret the law

  11. Not all Acts are perfectly drafted

  12. Can have more than one meaning

  13. Can lead to absurdities

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Mind Map on Literal Rule, created by Hannah Muggeridge on 27/03/2020.
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