The Gazette 1971

BOOK REVIEWS The Irish Judiciary by Paul C. Bartholomew; Dublin, Institute of Public Administration, 1971; 8vo; pp. 86; £1.25. The purpose of this book, according to the Preface, is to take a brief but reasonably thorough look at the judiciary of Ireland. This purpose is hardly achieved; in chapter one there is a description of the Irish Courts, dull but on the whole accurate. Solicitors will resent the fact that they are described as "the lesser branch of law" who deal with routine matters" (p. 6). The cases do not bear out the fact that religion was the dominant factor in child custody cases (p. 17). There is an all too brief description of judicial review, and our Gazette is omitted amongst other legal journals (p. 21). The work of the solicitors is inaccurately described on page 22. It is not accurate that Chief Justice Conor Maguire was the last person to appear personally as Attorney General on behalf of the State (p. 36). The second chapter deals with present-day Irish judges and, after interviewing many judges, the author is right to be critical about the method of appointment based to a large extent on political considerations. Doubtless it is true that some judges have proved to be "obstructive, arrogant and overbearing," however, no less than 43 per cent consider themselves as liberals. The fact that most judges are not promoted to a higher Court undoubtedly ensures their independence. The lack of consultation amongst legal experts in making appointments is rightly deplored. The typical Irish judge is described as living in Dublin, born in urban surroundings from the upper middle-class, a graduate of U.C.D. who has legal relatives. There are then five pages of statistics relating to the judges. The third part, called Irish Law, is the most unsatis- factory part of the book. It purports to deal skimpily with the fundamental rights provisions of the Irish Constitution, and makes some useful comparison with the American Constitution. As Professor Bartholomew specialises in political science and international rela- tions, and is not a lawyer one need not be surprised that the constitutional decis : ons cited are incomplete. Art. 40 (3) of the Constitution, which is the most funda- mental provision of our liberties is disposed of in less than a page. As Mr. Justice Kingsmill Moore pointed out recently in introducing this book, it will serve its purpose if the layman learns more accurate facts about the Irish judiciary from it. Litigants in Person. A Report by Justice; London, Stevens, 1971; 8vo; pp. 33; £1. The problem of personal litigants who had no knowl- edge of law has always presented difficulties, and a committee of Justice under the chairmanship of Mr. Rex Church has endeavoured to solve these problems. It has made the following recommendations. (1) The personnel of the High Court should be increased and be so organised as to be able to deal with the extra work arising from litigants in person. In view of the manner in which personal litigants are often encouraged in Ireland at the expense of the legal pro- fession, this may also be necessary here.

(2) In England, an "amicus curiae" is appointed from time to time to assist the Court in matters of law and fact, who does not represent the litigant, but who has a duty to see that his case does not go by default. It is suggested that this procedure should be more often availed of here. (3) An official of the Court should be appointed so that the Court of Appeal or Supreme Court might refer to him an unannounced or ill-prepared application for the issues to be clarified in a report to the Court. This appears to be a sensible suggestion. (4) Provision for civil legal aid and advice should be extended, and it should be made available if neces- sary for plaintiffs in libel actions, and for defendants in libel and slander. This is a worthy suggestion which will certainly not be followed here. (5) The High Court should have power to order legal aid, if, as a case proceeds, it appears necessary in the interests of justice. This reform would appear to be essential, but will hardly be implemented he;e. (6) The costs of a successful represented party should be paid from public funds when the litigant in person is impecunious. In this country, lawyers would normally be willing to act for an impecunious client, if the pros- pects of winning the action are good. This recommen- dation would therefore seem superfluous here. (7) Before any action involving a litigant in person can be listed for trial, a certificate from the Master of the High Court would have to be produced that the documents are in order. This is a sensible suggestion which would avoid useless duplication. (8) If a particular litigant is vexatious and pursues several unmeritorious actions at once, the procedure for declaring him vexatious should be simplified, and capable of being brought into effect more easily. It will be evident that the committee of Justice has taken much trouble to consider the difficult problem of the personal litigant and to suggest appropriate remedies. Constitutional and Administrative Law by H. W. Clarke; London, Sweet & Maxwell, 1971; 8vo; pp. xvi + 206; hardback £2.50, paperback £1.25. This handy volume, published in the "Concise College Texts" series by the Principal Lecturer in Law of the Mid-Essex Technical College, is a most useful and readable summary of the subjects it purports to cover. Such matters as "The House of Lords", "The House of Commons", "The Monarchy", "Parliamentary Privilege", "Delegated Legislation", "Local Govern- ment" and "Civil Liberties" are covered in an inter- esting manner. If only Professor Bartholomew, in writing his recent pamphlet reviewed in the issue, had consulted volumes in this series they would have given him a most useful headline on how to write a readable volume about law. C.G.D. Stroud—Judicial Dictionary of Words and Phrases. Fourth edition by John S. James; Volume I : A-C; London, Sweet & Maxwell, 1971; 8vo; pp. xxiv + 671. The first edition of this learned work appeared as long ago as 1890, but the five volumes of the second edition, 165