A Level Law Practice Exam

Which of the following is a disadvantage of the literal rule?

1. It allows for parliamentary sovereignty

2. It can lead to absurd conclusions

3. It simplifies legal language

4. It clarifies judicial reasoning

The correct answer is: It can lead to absurd conclusions

The correct answer highlights a significant criticism of the literal rule in statutory interpretation. This rule prioritizes the ordinary or literal meaning of words in legislation. While this approach aims to uphold the intention of the legislature transparently, it can result in outcomes that are unreasonable or absurd when applied to specific cases. This is particularly problematic when strict adherence to the literal meaning of words does not align with the intended purpose of the law or common sense. For example, if a statute prohibits the use of "vehicles" in a park, a literal interpretation could potentially classify a bicycle as a vehicle, leading to an unintended consequence that bicycles are banned from parks, despite lawmakers likely intending to prohibit motor vehicles. The other options do not reflect disadvantages of the literal rule. Recognizing parliamentary sovereignty is a strength because it emphasizes the importance of legislative authority. Simplifying legal language can also be considered an advantage, as it makes legislation more accessible and understandable. Clarifying judicial reasoning is another benefit since the literal rule provides a clear framework for judges to follow, which can enhance consistency in judicial decisions.