Understanding the Literal Rule in Australia: A Key Principle of Statutory Interpretation

Explore the Literal Rule in Australian law and its significance in statutory interpretation, ensuring clear and consistent application of laws.

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The Literal Rule in Australia refers to a principle of statutory interpretation. Courts interpret the words of a statute based on their ordinary, plain meaning. This approach assumes that the legislature has expressed its intention through clear language, ensuring predictable and consistent application of laws.

FAQs & Answers

  1. What is the purpose of the Literal Rule in law? The Literal Rule ensures that statutes are interpreted using their ordinary and plain meaning, maintaining legislative intent.
  2. How does the Literal Rule compare to other interpretation rules? Compared to the Purposive Rule, which considers the intent behind legislation, the Literal Rule focuses strictly on the text.
  3. Can the Literal Rule lead to unjust outcomes? Yes, applying the Literal Rule can sometimes result in outcomes that may seem unjust or unintended by the legislature.