The Literal Rule and Parliamentary Sovereignty

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Last updated 12:26 PM on 10/24/24
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10 Terms

1
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What is one advantage of the literal rule in statutory interpretation?

It leaves lawmaking to parliament and respects parliamentary sovereignty.

2
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What principle underlies the literal rule?

The principle that parliament is the supreme lawmaker.

3
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In the context of statutory interpretation, what does the literal rule prioritize?

The literal meaning of the words in the legislation.

4
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What issue does the respect for parliamentary sovereignty address?

It addresses the concern that only parliament should make laws.

5
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According to the lecture notes, what does the term 'parliamentary superintendence' refer to?

The oversight and authority of parliament in lawmaking.

6
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What example illustrates problems with parliamentary legislation?

Berryman case highlighting issues in the interpretation of acts.

7
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Fill in the blank: The literal rule emphasizes the __________ meaning of the statute's words.

literal

8
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What is a potential argument against the literal rule?

It may lead to outcomes that are unjust or do not reflect the intent of the law.

9
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Fill in the blank: One consequence of relying on the literal rule is that it can highlight problems in __________.

legislation

10
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What is a limitation of the literal rule as noted in the lecture?

It may not account for the broader purpose or context of the legislation.