British History
An explanation of the rule was given in the Sussex Peerage Case (1844; 1 Cl&Fin 85). "The only rule for construction of Acts of Parliament is that they should be construed according to the intent of the Parliament which passed the Act. If the words of the Statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in that natural and ordinary sense. The words themselves alone do, in such a case, best declare the intention of the law giver."
Ironically, however, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel (1868; LR 4 QB 147), the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction of the relevant statutory provision, the deceased was not "a person entitled to vote."
This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that context. If Parliament does not like the literal interpretation, then it must amend the legislation.
See Cheeseman v DPP
Read more about this topic: Plain Meaning Rule
Famous quotes containing the words british and/or history:
“There is much to be said against the climate on the coast of British Columbia and Alaska; yet, I believe that the scenery of one good day will compensate the tourists who will go there in increasing numbers.”
—Franklin D. Roosevelt (18821945)
“Let us not underrate the value of a fact; it will one day flower in a truth. It is astonishing how few facts of importance are added in a century to the natural history of any animal. The natural history of man himself is still being gradually written.”
—Henry David Thoreau (18171862)