Adv/Disadv of Literal rule - Advantages and disadvantages table in A Level and IB Law

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Created by: Zoe
Created on: 29-12-12 18:36

Adv/Disadv of Literal rule

Advantages

Maintains parliamentary supremacy - judges role is restricted
Easier for lawyers to advise clients about outcomes of a case
If a law needs to be changed, it is up to parliament - e.g Fisher v Bell parliament realised there needed to be change in the law and now invitation to buy is treated the same as offer to sell

Disadvantages

Application leads to absurd results - e.g Fisher v Bell
Application leads to unjust results - e.g LNER v Berriman
Application does not always give effect to intention of parliament
If there is more than 1 dictionary definition, the rule is not a solution
Requires the assumption that draftsmen do their job perfectly, which is impossible as language has limitations

Evaluation

Democratic because it retains parliamentary supremacy, however the outcome of cases can be absurd and unjust.

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