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:
“I think theres a difference between a gamble and a calculated risk.”
—Edmund H. North, British screenwriter, and Lewis Gilbert. Captain Shepard (Kenneth More)
“The history of any nation follows an undulatory course. In the trough of the wave we find more or less complete anarchy; but the crest is not more or less complete Utopia, but only, at best, a tolerably humane, partially free and fairly just society that invariably carries within itself the seeds of its own decadence.”
—Aldous Huxley (18941963)