The Gazette 1989

DECEMBER 1989

GAZETTE

practice and procedure, safety and health, statutory interpretation, telecommunications, torts and transport. Each chapter is subdiv- ided into other appropriate head- ings. In the chapter on administrative law, judicial review of administrat- ive action rightly receives promin- ent attention. The frontiers of this rubric of the law are being con- stantly pushed forward in the interest of the aggrieved individual. The case of Flanagan -v- University College Dublin [1989] ILRM 469, which involved a disciplinary hear- ing and which has considerable implications for domestic tribunals, is considered in some detail. Barron J. considered that the applicant should have received in writing details of the precise charge being made and the basic facts alleged to constitute the alleged offence. The applicant should have been allowed to be represented by someone of her choice and should have been informed of such right. At the hearing itself, the applicant should have been able to hear the evidence against her, to challenge that evi- dence on cross-examination, and to present her own evidence. The reader will find the basic facts of the case set out in clear terms together with the essence of the judgment. An analysis of the judg- ment is provided and its relation- ship to other cases in the same area of law is also considered.

The concept of legitimate ex- pectation is also extensively review- ed in the chapter on administrative law. This new concept became implanted in Irish law in 1988. The authors refer to the 1986 judgment of Murphy J. in Go/drick and Coleman -v- Dublin Corporation High Court, 10 November 1986, in which Murphy J. had doubted whether the concept of legitimate expectation as discussed by the House of Lords in Council of Civil Service Unions -v- Minister for the Public Service (the GCHQ case) [1985] AC 374 was part of Irish law. However, in 1988 'the searchers of the juristic heavens' - our judges, resorted to the concept of legitimate expectation in an effort to achieve justice within the sphere of their juristic domains. In fact, the concept of legitimate expectation was raised in five cases in 1988, Conroy -v- Garda Commissioner, High Court, 9 February 1988, Duggan and Others -v- An Taoiseach, [1989] ILRM 710, Garda Representative Association - v- Ireland [1989] ILRM 1, Devitt -v- Minister for Education 11989] ILRM 639 and Egan -v- Minister for Defence, High Court, 24 November 1988. The judges involved in these cases quoted with approval the reference to legitimate expectation by Finlay CJ in the leading judgment of the Supreme Court in Webb -v- ireland [1988] ILRM 565; [1988] IR 353. The concept of legitimate ex- pectation is now part of our juris-

ANNUAL REVIEW OF I R I SH LAW 1988 By R. Byrne and W. Binchy [Dublin: The Round Hall Press 1989. lix and 489pp. (incl index) Hardback £55] Chinese emperors initiated the pro- ject of recording all the knowledge then available in a series of books: this was to become the first en- cyclopaedia. Today, the law reports, the statutes and the writings of legal scholars are the repositories of legal knowledge. A mini-encyclo- paedia, some form of synthesis, was needed to pull all the strands of legal knowledge together in a cohesive manner. The Annual Review of Irish Law is such a mini- encyclopaedia - a synthesis of the developments in the law in 1988. The express intentions of the authors as stated in their Preface is to provide a review of legal develop- ments, judicial and statutory, that occurred during 1988. In the context of case law, judgments are reviewed which were delivered in 1988. Among the headings in the book are admi n i s t r a t i ve law, ag r i cu l t u r e, comme r c i al law, company law, conflict of laws, contract law, constitutional law, criminal law, equitable remedies, family law, labour law, land law, Contd. from p.446. dropped from the Bill during its passage through the Seanad and have been shunned as mere tags in substitution for the words legiti- mate and illegitimate but carrying, nevertheless, a similar social stig- ma. It is hoped that in time, with the operation of the Act, the cir- cumstances in which it will be necessary to draw distinctions between children based on such grounds will be very few indeed. •

Submission of Articles for the Gazette The Editorial Board welcomes the submission of articles for consideration with a view to publication. In general, the most acceptable length of articles for the Gazette is 3,000-4,000 words. However, shorter contributions will be welcomed and longer ones may be considered for publication. MSS should be typewritten on one side of the paper only, double spaced with wide margins. Footnotes should be kept to a minimum and numbered consecutively through- out the text with superscript arabic numerals. Cases and statutes should be cited accurately and in the correct format. Contributions should be sent to: Executive Editor, Law Society Gazette, Blackball Place, DUBLIN 7.

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