Advantages and disadvantages of the literal rule Essay

The advantages of the typo rein in is that it respects the sovereignty of fan tan and prevents unelected judges from making law. Viscount Simmonds argued that it was non devote to judges to fill in gaps, as Lord Denning wanted, or otherwise alter statutes. If a gap was enclosed then theremedy lies in an Amending coif The literal approach pattern also encourages certainty and because there is less direction for interpretation, there is likely to be less litigiation. People know where they confirm because the wording will not change. This also makes the law predict fitting. And lawyers are able to advise their clients on the likely come out of the closetcome. Another advantage is that its leads to quicker decisions because the reception/outcome gage be found just by employ a dictionary this means it takes less time to find out the outcome of a case.A disadvantage of the literal rul would be it can lead to absurd decisions that clearly was not wanted by parliament when the Act was made an example would be Berriman v London railroad co when the wife of a railway maintence worker couldnt deal for compensation for his death, who died because he didnt gull a lookout when he should have, this was because her husband 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 possible to word or pharse an Act to cover every(prenominal) situations e.g. its against the law to steal but the literal rule means it didnt cover stealing your own property.Therefore some circumstances that parilment mean wont 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 human nature mistakes are made. For example the law missionary work in the 1969 report said you cannot put emphasis on the literal meaning of words, is to assume an unattainable perfection in draftsmanship