The Gazette 1971

BOOK REVIEWS Craies (William Feilden) Statute Law; seventh edition by S. G. Edgar; 8vo; pp. cxix + 640; London, Sweet and Maxwell, 1971; £10.00. Mr. William Feilden Craies had already been the editor of the second edition in 1892 of Construction and Effect of Statutory Law by William Hardcastle, a vol- ume which already contained more than 650 pages. Mr. S. G. Edgar, the editor of the sixth edition (1963) and of the present seventh edition (1971) of Craies on Statute Law has achieved a remarkable feat in as much as he has been able to refer to, and mention in, the text the most up to date decisions on statutory interpretation within the compass of 640 pages. In his preface, the learned editor mentions the vital Report on the Interpretation of Statutes published by the English Law Commission in April 1969, which emphasised that the meaning in a legislative enactment is the meaning which it bears in the light of its intended— not literal—context, and to deplore the tendency in some recent decisions, not unknown in Ireland, to over- emphasise the literal meaning of a provision. It is fortu- nate that we have a rigid Constitution and that conse- quently statutes, however imperfectly drawn, are at all times subordinate to it. It must be remembered that whereas a Constitution receives the approval of the majority of the people by means of a referendum, the text of a statute is deter- mined by the executive of the day, and subject to its not being in conflict with the Constitution, can be changed at will by the same or by a subsequent execu- tive; there is of course no such restriction in England. It is natural therefore that the wording of a statute should be much more strictly construed than the text of a constitution. As O'Byrne S. stated, in the unanimous judgment of the Supreme Court in Sullivan v Robinson (1954), I.R. 161 at page 174: "A constitution is to be liberally construed so as to carry into effect the inten- tions of the people as emboded therein." Mr. Edgar has been so imbued with the English principle of the supre- macy of Parliament which hardly exists anywhere else that he has not emphasised this vital distinction suffi- ciently. It need hardly be said that all the customary material —such as the drafting and classification of statutes, the construction of a statute where the meaning is plain or not, the interpretation of words, the construction of enabling acts, delegated legislation, the effect of earlier and current enactments of the State (Crown), terri- torial effect of British statutes, and mistakes in statutes —are treated with the customary excellence that one expects from this leading textbook. Part 3 deals with the definition and effect of local, personal and private Acts. By supplying good print, adequate sub-titles, plenty of footnotes, and an elaborate index, the publishers have ensured an attractive lay-out which is such a vital part of modern law publishing. If Britain enters the European Community, Mr. Edgar will probably be obliged to refer to many laws and decisions of the Communitv States in order to dis- cuss the principles governing the construction of statutes in the future. However, subject to the preliminary remarks, by his industry and erudition Mr. Edgar has achieved a remarkable feat in editing this up to date edition of Craies. CGD 96

Through the Bridewell Gate: A Diary of the Dublin Arms Trial by Tom Mclntyre; 8vo; pp. 219; London, Faber and Faber, 1971; £2.25. The author has written a comic novel, The Charollais, and a volume of short stories entitled Dance the Dance which I admit I have not read. In this chronicle, the author sets out to describe in a day-by-day form, first the abortive arms trial relating to the alleged impor- tation of arms into Northern Ireland held in September 1970, and secondly the arms trial of October 1970 which resulted in the acquittal of the accused. As practically everyone mentioned is still alive, the author had to tread rather warily, but he does manage to give good pen pictures of the main actors in the drama. As Mr. Mclntyre is not a lawyer it would not have been reason- able to expect him to appreciate the intricacies of the law of evidence involved in the proceedings, but he has nevertheless succeeded admirably in laying stress upon the more dramatic moments of the trial. For instance, he describes Luykx as follows : "He is one of that rare breed, the born survivors. Sentence him to death tonight, execute him while you're at it, and you'll meet him a the Curragh races on Saturday, the sun bright upon him and long shot winners nibbling from his hand." This is the sort of staccato style which the author employs with effect. Of an English witness he says : "The sallow complexion, the face itself—nothing of the Celtique linera on it, but most of all the awareness vibrating in him of the Sassenach surrounded by agile foes." There are some glorious descriptive pieces and it is all most readable. While the arms trial will doubtless always be one of the historic trials of htis century, the dry but accurate verbatim report of the trial must needs yet be written. Its effects will be with us for many days to come, and Mr. Mclntyre has certainly made it live in these pages. CGD Erskine May: Treatise on the Law, Proceedings and Usage of Parliament; Eighteenth edition by Sir Barnett Cocks; 8vo; pp. xxxv+1108; London, Butterworth, 1971; £8.80. The publication of this, the eighteenth edition of Erskine May's Parliamentary Practice sub-titled Treatise on the Law, Privileges, Proceedings and Usage of Parliament, will be welcomed by all those interested in matters political, practitioner and student alike. May has been for over a hundred years an essential and reliable reference book on parliamentary proce- dures and practices at Westminster. It is more a book for rapid consultation than for leisurely study but nevertheless succeeds in retaining a compelling reada- bility which, for a reader with some background knowl- edge, facilitates comprehension and stimulates interest. The work is divided into three parts dealing with (i) the Constitution, Powers and Privileges of Parliament, (ii) Proceedings in Parliament: Public Business, and (iii) Proceedings in Parliament: Private Business. In accordance with tradition the book has been delib- erately restricted to about 1,000 pages. To enable this to be done in the present edition the historical section on the origins of the modern Parliament which appeared