Literal Rule Advantages

What are the four advantages of the literal rule?

• Certainty

• Respects Parliamentary sovereignty

• Results in fast decisions

• Encourages Parliamentary council to be precise

Expand on ‘certainty’

Provides clarity, certainty and predictability which allows lawyers to confidently advise clients on the outcome of their cases, reducing the need for unnecessary litigation.

Expand on ‘Respects Parliamentary sovereignty’

Judges follow the words used rather than attempting to seek the ‘intention of parliament. Prevents unelected judges from making law as it provides no scope for judges to introduce their own biases.

Expand on ‘Results in fast decisions’

Other than quick reference to dictionary, doesn’t require judge to research extrinsic aids in order to try and work out Parliament’s intention, minimising external influences.

Expand on ‘encourages Parliamentary counsel to be precise‘

Legislation which is clear, precise and plainly written can be understood and determined by anyone who can read English.