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Wednesday, December 19, 2018

'Advantages and disadvantages of the literal rule Essay\r'

'The advantages of the tangible practice is that it respects the sovereignty of parliament and prevents unelected settle from making law. Viscount Simmonds argued that it was not open to judges to hire in gaps, as Lord Denning wanted, or other alter statutes. If a gap was enclosed wherefore ‘ at that placemedy lies in an Amending Act’ The veridical rule besides encourages certainty and because there is less room for interpretation, there is likely to be less litigiation. People love where they stand because the wording will not change. This excessively makes the law predictable. And lawyers are able to advise their clients on the likely resolution. Another advantage is that its leads to quicker decisions because the fare/outcome can be found unless by using a dictionary this factor it takes less time to find out the outcome of a case.\r\nA disadvantage of the literal rul would be it can lead to absurd decisions that clearly was not wanted by parliament when the Act was do an example would be Berriman v London railroad track co †when the wife of a railway maintence worker couldn’t claim for compensation for his death, who died because he didn’t have a lookout when he should have, this was because her economize was only maintaining and not ‘replacing’ or ‘relaying’ the tracks. parliament would have intend for the wife to claim. But due to the literal rule she could not. Its not always thinkable to word or pharse an Act to cover both situations e.g. its against the law to steal but the literal rule means it didn’t cover stealing your profess property.\r\nTherefore some circumstances that parilment intended routine be covered. Another disadvantage would be that the literal rule assumes that the parilmenty draftsmen would always do their jobs perfectly every single time, ovbiously this isnt possible as in charitable nature mistakes are made. For example the law accusation in t he 1969 report said â€Å"you cannot put idiom on the literal meaning of words, is to assume an undoable perfection in draftsmanship”\r\n'

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