The Gazette 1973

Stroud (F.)—Judicial Dictionary of Words and Phrases.

Fourth edition by John S. James; volume 2; D—H—

evo.; pp. xvi plus 1673; 1972; £10.50.

Volume 3 I;—O; 8vo; pp. xvi plus 1916; 1973; £10.50.

London, Sweet & Maxwell.

Volume 1 of this new 4th edition was previously re-

viewed. (See 1971 Gazette, page 165.) It may be re-

called that it was suggested that Mr. James should cull

more material from Commonwealth Law Reports in-

stead of confining the quotations mostly to Engli'h

Judges—a perusal of these volumes will show that many

Commonwealth cases have now been included. Reports

from the Irish Jurist Reports (1935-'65), and from the

Irish Law Times Reports are omitted, and quotations

from the Irish Reports since 1925 are skimpy. However

by his deep research and knowledge, Mr. James has

given Stroud a contemporary form, which will be much

appreciated by practitioners who require an up to date

legal definition quickly. The printing and presentation

are as usual first class.

Phillips (O. Hood)—Constitutional and Administra-

tive Law.

Fifth edition; 8vo; pp. xlvi plus 669; London,

Sweet & Maxwell, 1973; paperback, £2.20.

The Vice Principal of Birmingham University, and

President of the British and Irish Association of Law

Librarians, Professor Hood Phillips, in presenting us

with a new edition of his famous work on Constitu-

tional and Administrative Law, has managed the re-

markable task of shortening it by almost 200 pages—

the 4th edition, published in 1967, contained 865 pages,

while the present edition contains 669 pages. In com-

paring the new editions, we find that a new chapter of

more than 20. pages on the thorny question of—Can

Parliament bind its successors? dealing with such pro-

blems as the extended subject—matter of Legislation

as represented by the European Communities Act, 1972,

and the manner and form of legislation concerning the

authenticity of Acts of Parliament. The fascinating sub-

ject of Parliamentary Privilege is now considered after

Parliamentary Procedure instead of before it. The in-

teresting Chapter on Emergency Powers of the Execu-

tive has been transferred from Part 5 to Part 3, but

no satisfactory explanation is given as to why the

British Government allowed the Northern Ireland

Government to harass the minority there by permanent

emergency legislation which has inevitably led to the

present chaotic situation; a chapter of more than 20

pages on Courts has been omitted. In considering the

offence of Public Mischief, which merely compels the

police to transact their duties more attentively, it is

amazing that this offence is turned into a statutory

crime by the English Criminal Law Act 1967, although

most learned legal writers and lawyers have been

opposed to this.

The chapter on "Judicial Control of Public Authori-

ties" has now been divided into two, one dealing with

Judicial Control of Excessive Powers by exercising the

principles of natural justice—though wide in theory, it

appears to be very limited in practice. The second part

deals with the possible remedy of damages, the discre-

tionary remedies of injunction and specific perfor-

mance, narrowly restricted remedies of certiorari, pro-

hibition and mandamus, and the technical action for a

declaration.

It is strange that the learned author has not ruth-

lessly attacked the majority decision of the House of

Lords in

Smith v. East Elloe R.D.C.

(1956) A.C.—

which amazingly held that, after the 6 weeks period in

which a compulsory purchase order can be challenged,

th's order could no longer be challenged even on the

ground that it had been procured by bad faith; our

Constitution would probably protect us against such

injustice—but the later decision in

Anisminic v. For-

eigh Compensation

Board

—(1969)

2. A.C.—fortunately

appears to reverse it. That wonderful institution, the

French Conseil d'Etat, is summarily dismissed in one

sentence, without a comprehensive and thorough

reason—this appears unduly narrow and insular. Most

of the other chapters have been shortened. The latest

developments in Northern Ireland are briefly referred

to in the Preface, but it is hoped that a much more

detailed and comprehensive account will be given in the

next edition.

The learned author is an expert on the various

English institutions and has described them with great

erudition, clarity and precision. This is undoubtedly

the leading textbook for practitioners and students who

wish to improve their knowledge of English Constitu-

tional and Administrative law, but Irish readers will

always have to remember that in Ireland the Constitu-

tion takes precedence over statute law.

Colinvaux (Raoul), David Steel and Vincent Ricks—

Forms and Precedents being "British Shipping Laws".

Volume 6; 8vo; pp. xxiv plus 334; London, Stevens,

1973; £10.50.

Despite the fact that Ireland is an island it is remark-

able how relatively few shipping cases reach the Courts.

These Admiralty and English Commercial Courts Pre-

cedents have been specially drafted by expert counsel;

they are characterised by reliable draftmanship, abbre-

viation in size, and ease in use. It is to be noted

that nothing has been reprinted from other volumes in

the Series "British Shipping Laws".

The precedents of "Model Liner Bills of Lading"

which has developed so radically since 1967 are fully

covered as are the subjects of "Model Passenger Ticket",

Charterparties for Coal, Wood Berths, Stone, Cement

and Fertilisers; such matters as "Ice Clauses", "Strike

Clauses", etc., receive full treatment. Then claims for

Damage to Cargo or for Demurrage, or under a Time

Charter, before the Commercial Court are fully ex-

plored. All claims and defences to action for Marine

Insurance before the English Commercial Court are

fully set out, as are the Admiralty Pleadings, such as

claims for fatal accidents or collisions, or for damage

to cargo during voyage, or for seamen's wage, or for

salvage by tug. All the precedents of documents neces-

sary to arrest a ship, such as the warrant of arrest,

the affidavit leading thereto, and notice of arrest by the

Admiralty Marshal, are fully set out. Some of the pro-

ceedings in the County Court could doubtless be

adapted to the Admiralty jurisdiction of the Cork Cir-

cuit Court. It will thus be seen that this is an essential

volume of precedents for the members who have an

extensive practice in shipping law.

Brown (L. Neville),

F. Garner, and Nicole Ques-

tiaux—French Administrative Law. Second Edition;

8vo; pp. xvi plus 187; London, Butterworths, 1973;

£3.20 (paperback).

Like the learned solicitor author, this reviewer was

fortunate in being able to spend some months in the

Conseil d'Etat in Paris and thus to become inbued

with some of the principles of French Administrative

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