The Gazette 1974

BOOK REVIEWS

Lipstein (Kurt) The Law of the European Economic Community. Royal 8vo.; pp. xliii, 368; London, Butter-

Law, thanks to the lucid style and pervasible learning of Dr. Lipstein which are so helpful. The presentation

a n d printing are, as usual, excellent.

worth, 1974; £8.60.

Professor Lipstein has recently been appointed Professor ?f Comparative Law in Cambridge, and the vast learn- ing, clarity and erudition displayed in his previous writings have been of great benefit to him in writing this volume. The treatise is divided into three parts a nd the aim, admirably achieved, is to show how the general framework provided for in the individual arti- cles of the Treaty of Rome have been supplemented by Regulations, Directives and Decisions. The original a bstract principles have now produced numerous con- crete rules, but undoubtedly the ephemeral haste has sometimes tended to colour the percanent nature of toe legislation. Part I deals with the origins and purpose of the European Communities. It is emphasised that the Community is a full Customs Union tending towards toe elimination of discrimination. Apart from the Treaty Regulations and Directives it is also stressed that the general principles of the law common to the Member States is one of the main sources of Com- munity Law. If there is a conflict between Com- munity Law and domestic law in a Court of a Member Mate, the question must primarily be one of domestic constitutional law, but if the same problem arises Simultaneously in the European Court in Luxembourp, toen the question is primarily one of Community Law. Phe limited number of the provisions of the Treaty a pplicable to individuals are fully listed, with relevant Ca ses, on page 29. When a national Court refers a case t o the European Court under Art. 177 that Court is restricted in interpretation, as it cannot consider the tocts of the case or any aspects or characteristics of domestic law, and cannot render a decision on the merits. Part II deals with the range of the Treaty and its 'mplementation, and is concerned with such problems a s Customs Duties, Agriculture, Freedom of Establish- ment, Freedom of Movement of Workers, Transport, Gartels and Monopolies, Abuse of Dominant Position, a n d Fiscal Provisions. Part I II deals in detail with the Various remedies such as that arising on a reference V Domestic Courts administering Community Law. ' he re is also an invaluable full chapter on procedure in toe Community Court, which is so different to ours, ' h e practitioner who has mastered the contents of this •took will have an adequate knowledge of Community

Elegantia Juris —being selected writings of Professor Francis Headon Newark, Q.C. Edited by Francis J. Mclvor. 8vo.; pp. xvi, 391; Belfast, Northern Ireland Legal Quarterly; 1973; £5.25. This finely produced volume contains various legal articles written by Professor Newark in various Journals btween 1944 and 1970. Professor Newark, who came originally from Warwickshire and was a First Class Law graduate of Oxford, was appointed to Queen's University, Belfast, as an omniscient lecturer in no less than six law subjects in 1937. In 1946 Professor Newark obtained the chair of Jurisprudence, and in 1963, the chair of Civil Law; he had also been Secretary to the Academic Council and Editor of the Northern Ireland Law Reports until his retirement in September 1972. Although selected, the scope and variety of the erudi- tion and learning of Professor Newark are outstanding as some of the following titles will show : "The Boun- daries of Nuisance" (a learned historical account); "The Accidental Fires Act (N.I.) 1944" (following the Irish Act of 1943); "Dependent Relative Revocation (1955); "Public Benefit and Religious Trusts'" (1946); "Bad Law" (1966); "Off-Beam Law Reform" (1968); "The Bringing of English Law to Ireland" (1972). The Case of Tanistry" (1952); "Notes on Irish Legal His- tory" (1947); "Legislation Law and Precedent in Northern Ireland" (1970); "The Anatomy of a Law Report" (1965); "Headnotes" (1956); "Elegantia Juris" (1961); "Marriage in Law and Society" (1955) and "The Future of Roman Law in Legal Education" (1959). Some of his Obites Dicta have also been held for posterity, such as this one in 1955 : "Approximately 50% of all litigants come out of the court room convinced that Justice has not been done." Dr. Newark's sharp intellect and wide erudition are also shown in his Book Reviews. The essay, "Elegantia Juris''' is an outstanding example in instruction how to deal with difficult legal phraseology. Mrs. Mclvor has edited this volume with great sagacity, and has chosen the material from Professor Newark's writings admir- ably. The publishers deserve praise for the high standard in presentation and printing.

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