The Gazette 1967/71
Its twenty essays cover almost all branches of law — Constitutional, Administrative, Criminal, Tort, Contract, Property, Commercial, Company, Taxation, Labour, International Law etc. The Contributors include such well known names as G. H. Treitel, Paul O'Higgins and E. R. Hardy Ivany and therefore the standard is exceptionally high. The book is of considerable Irish interest and relevance as we are members of the Legal (if not political) commonwealth family. Reference is made to a considerable number of Irish cases both North and South of the Border. On the question of Automism in Criminal Law, Brutty v. A.G. for N.I. (1963 A.C. 386) is considered— also on the nature of satisfying evidence. On criminal evidence the People v. O'Brien, and The People v. Crosbie, are also mentioned. The Supreme Court decision on Bail of A. G. v. O'Callaghan (1967 I.LTR45) is considered at length, it being pointed out that not all Courts take so liberal a view, even if similar views are formed in Australia (Reg. v. Mahoney-Smith 1967 A.L154) and Ceylon (Permasivi v. A.G. (1967) 73CLW 66). In view of the ramblings of Legislative amendment the provision of S.I8 of the English Criminal Justice Acts 1967 is relevant. In the chapter on Judicial Developments Budd J's decision of Cahill v. Irish Motor Traders' Association is considered at some length. I have said enough to show the Irish interest in the Book. However, the real value of the series for us is that it collects a hitherto un related volume of case law into an accessible and digestible form. The printing and binding in these volumes are of a high standard, and the Publishers are consequently to be congratulated. R. Pierse The Law of Succession, Anthony R. Mellows. 607 and (index) 24 pp.; paperback £3. Dr. Mellows, who is an admitted solicitor, is Director of Conveyancing Studies at King's College, London. This book is made more pertinent by the fact that it results from his experience as a university teacher and as a partner in a London firm of solicitors. 180
explaining the facts simply. There is excellent background information as to the origins of the European Movement. It is emphasised that the Community is an integration and harmonization of six National economic programmes. It must be stressed that the Treaty of Rome is for an un limited period, and it is understood that in the event of dissent, certain concessions would be made to the Community spirit by members. It must be remembered that the Community and its Institutions — Commision, Court, European Parliament — were established as independant organisations free from direct national interfer ence. Apart from the Treaty of Rome itself, there are numerous regulations and references to named commodities. Even when the Investment Bank was set up, certain financial concessions were made; then there is the Development Fund to aid overseas territories. The European Commission is already responsible for over 1,000 decisions. The Commission of 14 members has 8,000 civil servants, and about 40 Commissions. The real work of the European Parliament is done in its 10 Committees. The European Court has automatic and compulsory jurisdiction within its sphere of activities and Community law. A detailed description of the personnel of tne Commission and of the Court is given. It is stressed that EFTA differs from the Community inasmuch as there is no mention of any non- economic objective, nor of any proposition to achieve a common policy as between the member states themselves. The volume is well illustrated by simple statistics and well worth reading. C.G.D. Annual Survey of Commonwealth Law, 1968. 8vo; pp. 855. (London, Butterworth, 1969. £8-8-0). This is the Fourth Volume in this series published by Butterworths. It is an interesting, indeed an exciting series. It shows the straight and unerring vitality of the Common Law Tradition. The Common Law ensures uniformity in diverse political and social conditions as far apart as Australia and India. This book reflects how little political difficulties affect the flowing development of Law in the Commonwealth in 1968.
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