The literal rule of statutory interpretation offers several key advantages in legal settings.
Benefits of the Literal Rule
The literal rule focuses on interpreting laws using the plain, ordinary meaning of the words as they appear in the statute. This approach provides several advantages:
1. Prevents Judicial Bias
- No Scope for Judges' Opinions: One of the primary benefits is that the literal rule prevents judges from injecting their personal beliefs or biases into their interpretations. The focus remains solely on the text, ensuring a more objective application of the law.
- Upholding Separation of Powers: This method respects the division of power between the legislature and judiciary. Legislatures make laws, and judges interpret them as written, thereby maintaining a clear separation. As highlighted in the provided reference, "No scope for the judges own opinions or prejudices to interfere."
2. Promotes Parliamentary Supremacy
- Respecting Legislative Intent: The literal rule ensures that the intentions of Parliament, as expressed through the enacted legislation, are directly followed. It does not seek to find an assumed intention beyond the plain meaning of the words. The provided reference emphasizes that the literal rule "Respects parliamentary supremacy..."
- Legislative Control: By adhering strictly to the text, the judiciary is not seen as making new law, but rather applying what the legislature has already drafted.
3. Encourages Drafting Precision
- Careful Legislation: The strict nature of the literal rule encourages those drafting legislation to be very precise in their word choices, knowing that the courts will interpret the law precisely as it is written.
- Clarity: The requirement for clear and concise wording promotes statutes that are easily understandable.
4. Certainty and Predictability
- Reduced Litigation: A plain and straightforward approach promotes clarity in the law. This clarity can reduce ambiguity and subsequent legal disputes, leading to fewer court cases. The provided reference states that this promotes "certainty and reduces litigation."
- Predictable Outcomes: When laws are interpreted strictly according to their plain meaning, people have a better idea of how the law will be applied, leading to increased predictability in legal outcomes.
Summary Table
| Advantage | Description |
|---|---|
| Prevents Judicial Bias | Judges cannot insert their own opinions or prejudices. |
| Upholds Separation of Powers | Respects the roles of the legislature and judiciary. |
| Promotes Parliamentary Supremacy | Focuses on interpreting the law as intended by the parliament through the written text. |
| Encourages Drafting Precision | Promotes careful and specific word choices in legislation to improve clarity. |
| Certainty and Predictability | Reduces ambiguity, leads to more predictability, and potentially reduces the number of court cases due to improved clarity. |
In conclusion, the literal rule of statutory interpretation provides a clear, objective, and straightforward way to apply the law by adhering strictly to the plain meaning of the written words.
