The Gazette 1990

GAZETTE

JANUARY/FEBRUARY 1990

ing the issue of civil proceedings in his name at the relation or instiga- tion of a private person, association or incorporated body seeking a form of relief in the public domain. This form of proceeding may be utilised more often in the future. The last two chapters deal with what the authors term "the European dimension". Chapter 8 explains procedural aspects of Community law and Irish law. Chapter 9 sets out the procedures before the European Commission of Human Rights and the European Court of Human Rights. Detailed precedents of pleadings are set out in the remaining part of the text. Anthony Collins and James O'Reilly have succeeded admirably in the task they set themselves. The authors have written a book that will become a classic of its kind; they have secured two inches of glory on the bookshelves of time. Francis Bacon wrote in Advance- ment of Learning that the book - the monument of learning - was more durable thatn the monuments of power, or of the hands. Books outlive people and palaces. John Campbell in Lives of the Lord Chancellors (1849) quotes the advice of John Singleton Copley, Baron Lyndhurst, Lord Chancellor, who stated that it was the duty of a judge to make it disagreeable for counsel to talk nonsense. In the context of ever-increasing litigation involving aspects of constitutional, administrative and European Com- munity law, and despite the authors disclaiming any responsibility for any errors or omissions within the covers of the book, Civil Pro- ceedings and the State will en- lighten judges, registrars, counsel and solicitors. Lawyers without Anthony Collins and J ames O'Reilly's book will be impover- ished in their legal calling. Civil Proceedings and the State can be heartily recommended. Eamonn G. Hall

law and practice, while the second contains precedents of pleadings, including forms of relevant orders. There are nine chapters in the book. Cases stated - appeals by way of case stated from the District Court and various other forms of cases stated - are dealt with in the first two chapters. Chapter 3 outlines the practice concerning enquiries under Article 40.4 of the Constitution. The law and practice on judicial review are set out in Chapter 4. Judicial review, in the context of constitutional and ad- ministrative law, may almost be compared to oxygen and the process of life itself. The authors describe the functions of the for- mer state side orders of certiorari, mandamus, prohibition and quo warranto. Substantial amendments have been made to the procedure whereby these reliefs are obtained; the procedure is now provided for in Order 84 of the Rules of the Superior Courts 1986. The various Rules of Order 84, together with the substantive law on the orders of certiorari, mandamus, prohibit- ion, quo warranto, declarations and injunctions are carefully examined in Chapter 4. The authors correctly allow much of this judge-made law to speak for itself (as it were) by generous use of quotation from the pronouncements of the judges themselves. This is to be wel- comed. The use of indented quota- tions breaks up the solidity of a page of text, making the page much easier to read. Moreover, it is often futile to summarise in one's own words what the judge said - if the words of the judge can be encapsulated into a neat quotation. "Constitutional Litigation" is the heading of Chaper 5. Issues such as who may raise a question of constitutional law; who are the appropriate parties in constitutional actions; what can be challenged; and by whom and where may a question of constitutional law be raised and what relief should be sought are considered under this heading. The procedure applicable to references to the Supreme Court under Article 26 of the Constitution of a Bill passed by both Houses of the Oireachtas is dealt with in Chapter 6. Chapter 7 describes relator proceedings. Relator pro- ceedings arise when the Attorney General gives his consent authoris-

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Civil Proceedings and the State in Ireland: A Practitioner's Guide By Anthony M. Collins and James O'Reilly. [Dublin: The Round Hall Press. 1989. 439 and li pp. Hardback IRE47.50] Joseph Story wrote in Miscellan- eous Writings that special plead- ing contained the quintessence of the law, and that no man ever mastered it who was not, by that very means, made a profound lawyer. Anthony Collins and James O'Reilly have written a book con- taining pleadings and precedents but also substantive law in relation to civil proceedings and the State in Ireland. Any barrister and sol- icitor who masters the contents of Civil Proceedings and the State in Ireland has the potential of becom- ing a profound lawyer. The President of the High Court, The Hon. Mr. Jus t i ce Liam Hamilton, in his foreword to the book states that it was with a keen sense of anticipation that he began reading the proof copy that was made available to him. Conscious of the distinguished record of the authors, your reviewer too looked forward to reading the fruit of the authors' labour with a sense of expectation; your reviewer was not disappointed. The mission of the authors is stated in the book's preface. The book was written by practising lawyers for practising lawyers - judges, registrars, counsel and solicitors. The authors stated that they had endeavoured to describe from the practitioner's viewpoint those aspects of civil proceedings involving the State encountered most frequently. The book is divided into two parts: the first part deals with the

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