Law Statutory Interpretation
Law homework Due 28/11/11
A) The source refers to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks)
The literal rule is where the courts will give their words a plain, ordinary or literal meaning, even if the result is not very sensible. It involves the judge applying the literal rule even if it results in absurdity.
R v Judge of City of London Court (1892) in which Lord Esher said ‘If the words of an Act are clear then you must follow them even though they lead to a manifest absurdity’.
The literal rule exactly follows the law that Parliament has made and makes the law certain. It also means that unelected judges do no make law. However the literal rule assumes that every act is perfectly drafted. This can also mean that some words may have more than 1 meaning, which means the word will be interpreted and lead to unfair/unjust decisions.
Lines 24 and 25 explain the literal rule and what it is.
There are many examples of the literal rule in real life cases:
In Cheeseman V DPP (1990)- Police were not “passengers” within the meaning of the act so the defendant was not guilty of indecent exposure.
The literal rule was also used in Whiteley V Chappell (1868) where a guy impersonated a dead voter. He was not guilty because dead people cannot vote.
In LNER V Berriman (1946) the oiling of points on line were “maintenance” in terms of “relaying” or “repairing” so the widow was not entitled to compensation of the death. The literal rule was used in interpreting maintenance, repairing and relaying.
B) Using the source, identify and explain the most suitable intrinsic or extrinsic aids that could be used in the following situations:
I) The House of Lords is considering an ambiguous word. The meaning of this word was discussed by the Parliament during the passage of the bill (5 marks)
This is an extrinsic aid because it is outside the statute. The most suitable extrinsic aid
A) The source refers to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks)
The literal rule is where the courts will give their words a plain, ordinary or literal meaning, even if the result is not very sensible. It involves the judge applying the literal rule even if it results in absurdity.
R v Judge of City of London Court (1892) in which Lord Esher said ‘If the words of an Act are clear then you must follow them even though they lead to a manifest absurdity’.
The literal rule exactly follows the law that Parliament has made and makes the law certain. It also means that unelected judges do no make law. However the literal rule assumes that every act is perfectly drafted. This can also mean that some words may have more than 1 meaning, which means the word will be interpreted and lead to unfair/unjust decisions.
Lines 24 and 25 explain the literal rule and what it is.
There are many examples of the literal rule in real life cases:
In Cheeseman V DPP (1990)- Police were not “passengers” within the meaning of the act so the defendant was not guilty of indecent exposure.
The literal rule was also used in Whiteley V Chappell (1868) where a guy impersonated a dead voter. He was not guilty because dead people cannot vote.
In LNER V Berriman (1946) the oiling of points on line were “maintenance” in terms of “relaying” or “repairing” so the widow was not entitled to compensation of the death. The literal rule was used in interpreting maintenance, repairing and relaying.
B) Using the source, identify and explain the most suitable intrinsic or extrinsic aids that could be used in the following situations:
I) The House of Lords is considering an ambiguous word. The meaning of this word was discussed by the Parliament during the passage of the bill (5 marks)
This is an extrinsic aid because it is outside the statute. The most suitable extrinsic aid