dissenting.
I respectfully disagree with the majority. I believe its action constitutes an impermissible intrusion into the legislative realm.
My colleagues concede that the charter is silent on the issue of whether Vincent Cian-ci may be a candidate in the mayoral special election. Accordingly, they stated, they must “construe” the charter to answer the question before this court. Their construction of the charter, however, was totally unnecessary, and, in my opinion, improper.
It is a fundamental principle of statutory construction that this court must give effect to the whole of a statute and assign all of the words used therein their plain and ordinary meaning. Murphy v. Murphy, R.I., 471 A.2d 619, 622 (1984); Rhode Island Chamber of Commerce v. Hackett, R.I., 411 A.2d 300, 303 (1980). We have repeatedly stated that when a statute is unambiguous, the statute must be interpreted literally and “[n]o interpretation is required or permitted.” Statewide Multiple Listing Service, Inc. v. Norberg, 120 R.I. 937, 941, 392 A.2d 371, 373 (1978); see also, Pacheco v. Lachapelle, 91 R.I. 359, 361-62, 163 A.2d 38, 40 (1960).
The majority states that there is a need to determine the meaning of “vacancy * * in the office of mayor” and “term of office of the mayor" as used in §§ 202 and 206 of the charter. However, there is no need to define these phrases. Section 202 clearly defines “term of office of the mayor” and § 206 defines vacancies in elective offices, including the office of mayor. There are no ambiguities surrounding these terms as they are used in the charter; the meaning of these terms was never a question for this court. The only issue before this court is whether Cianci can run as a candidate in the special mayoral election.
Section 202 merely states that a term of office for mayor and city council members
“begin[s] on the first Monday in January next following their election, and each person shall hold office until his or her successor is elected and qualified; provided, however, that no such office becomes vacant before the end of the term as a result of a recall pursuant to section *1218208 of this article, or from other causes, pursuant to section 206 of this article.”
The charter fails, however, to address the specific issue that is before this court, namely whether a candidate who resigned from office may thereafter seek election to the unexpired term of that office. The charter, however, is completely silent on this issue. There are no ambiguities for this court to construe. The majority fails to recognize, and completely ignores, the rule of construction enunciated by this court that
“[ojnly when the legislature sounds an uncertain trumpet may the court move in to clarify the call. But when the call is clear and certain as it is here we may not consider whether the statute as written comports with our ideas of justice, expen-diency or sound public policy. In such circumstances that is not the court’s business.” Kastal v. Hickory House, Inc., 95 R.I. 366, 369, 187 A.2d 262, 264-65 (1963).
Thus, it is clear that in the case at bar “[w]e have neither the authority nor the competence to rewrite [the charter] in order to bring it into conformity with [Dr. Gelch’s] concept of how the [charter] should have been drafted.” State v. Calise, R.I., 478 A.2d 198, 201 (1984).
It is the exclusive authority of the General Assembly to remedy any inadequacies, real or perceived, in matters of state and local elections.8 Gomes v. Rhode Island State Board of Elections, 120 R.I. 951, 955, 393 A.2d 1088, 1090 (1978). This court cannot, by judicial fiat, create an answer to the question before this court. Id. at 958, 393 A.2d at 1091. “[T]he remedy is to be found in the state house, not the courthouse.” Malinou v. Board of Elections, 108 R.I. 20, 35, 271 A.2d 798, 805 (1970).
Even if there existed an ambiguity in the charter for this court to interpret, I would still disagree with the majority. My colleagues stated that they would “construe” the charter by “determining the intent of the charter commission in drafting, and the General Assembly in enacting, this provision.” This they accomplished by looking not to any Rhode Island legislative history but rather, to ease law of other jurisdictions. Their analysis focuses upon other courts’ interpretation of the phrase “term of office” and is, in my opinion, insufficient for several reasons.
First, the case law cited generally dates back to the later part of the last century and the early part of this century. These cases are inadequate and antiquated for they predate current concepts of due-process, equal-protection, and First Amendment rights that are relevant to the instant controversy.
Second, the majority opinion fails to acknowledge that opposing authority, albeit minor and also dated, exists. See Commonwealth v. Huntsman, 237 S.W.2d 876 (Ky.1951); State ex rel. Tyrrell v. Jersey City, 25 N.J.Law 536 (1856).
In State v. Jersey City, the court found that absent an express legislative mandate to the contrary, a public official who was expelled from his office could run for reelection to the same office.
“These * * * are questions for the lawmaking power to consider. It is for the legislature to say [that the official cannot be reelected to his office]. The Legislature may well have supposed that the power to expel was all that was necessary; and that what remained might safely be trusted to the hands of the voting members of the corporation.” 25 NJ.Law at 543.
I believe that this approach is far more reasonable than that employed by the majority. Indeed, it comports with our own law concerning matters of judicial review and statutory construction. See Gomes v. Board of Elections, 120 R.I. at 955-58, 393 *1219A.2d at 1090-91; Kastal v. Hickory House, Inc., 95 R.I. at 369, 187 A.2d at 264-65.
Finally, I fail to comprehend the majority’s interpretation of our Legislature’s intent; there is no rule of construction of which I am aware that dictates that the intent of a legislature from one jurisdiction may be determined solely by reference to case law of other jurisdictions without reference to any legislative history whatsoever. The majority relies upon old case law of other jurisdictions to support its position. In determining the intent of the Legislature we must, however, rely upon legislative history as well as statutory rules of construction.
The Rhode Island Constitution enumerates the basic requirements that encompass an individual’s right to vote, and additionally provides that the right to hold public office extends only to duly qualified electors. See R.I. Constitution, articles XXXVIII and XXXIX. It is axiomatic that the Rhode Island Constitution is an instrument of limitation and that, as such, it operates to restrict the power of the General Assembly where the Constitution has spoken. Nugent v. City of East Providence, 103 R.I. 518, 525, 238 A.2d 758, 762 (1968). The otherwise plenary power of the Legislature, however, allows the General Assembly to legislate in those areas in which the Constitution is silent. Opinion to the Governor, 95 R.I. 109, 114-15, 185 A.2d 111, 114 (1962). I recognize that the Legislature may enact additional reasonable requirements that do not contravene the constitutional mandates surrounding an individual’s eligibility to vote and hold public office. I must respectfully disagree, however, with the majority’s conclusion that this court is free to read additional restrictions or limitations into a charter provision that is admittedly silent on the matter.
The General Assembly has in the past enacted additional requirements and restrictions upon the right to vote and seek elective office. Indeed, the Legislature has promulgated an elaborate system of election laws designed to provide for the orderly administration of these rights. Included in these laws is a requirement that an individual seeking elective office obtain a minimal number of voter signatures prior to certification as a candidate. General Laws 1956 (1981 Reenactment) § 17-14-7, as amended by P.L.1982, ch. 160, § 1 and § 17-16-8, as amended by P.L.1982, ch. 160, § 2. Additionally, chapter 9 of title 17 contains highly specific registration requirements with which an individual must comply before he or she can become a qualified elector. Chapter 24 of title 17 further details specific election offenses and their accompanying sanctions.
These provisions indicate the Legislature’s willingness to reasonably restrict the right to vote and hold public office. This analysis, however, makes it abundantly clear that in every instance in which the General Assembly has sought to enact a limitation upon the right to vote or hold office, it has done so by means of a clear and unequivocal legislative mandate. In the instant case, however, the majority concedes that the charter does not address the particular issue under consideration. Notwithstanding this fact, the majority would read in an express intent to bar an individual from seeking reelection. In light of the Legislature’s previous pattern of explicitly delineating any statutory restrictions on the right to vote or hold public office, I conclude that the silence of this particular provision is not indicative of an intent to create an additional restriction or qualification on the right to seek elective office. The majority strains to reach an interpretation that is fundamentally at odds with the basic rules of statutory construction. Consistent with this belief on my part, I decline to construe the charter as precluding Mr. Cianci from seeking election to the unexpired term from which he resigned.
. It is fundamental that "the Rhode Island Constitution vests in the General Assembly exclusive authority over state and local elections and the manner of conducting those elections.” Gomes v. Rhode Island State Board of Elections, 120 R.I. 951, 955, 393 A.2d 1088, 1090 (1978).