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BOOK REVIEWS
Craies (William Feilden) Statute Law;
seventh edition
by S. G. Edgar; 8vo; pp. cxix + 640; London, Sweet
and Maxwell, 1971; £10.00.
Mr. William Feilden Craies had already been the editor
of the second edition in 1892 of
Construction and
Effect of Statutory Law
by William Hardcastle, a vol-
ume which already contained more than 650 pages.
Mr. S. G. Edgar, the editor of the sixth edition (1963)
and of the present seventh edition (1971) of
Craies on
Statute Law
has achieved a remarkable feat in as
much as he has been able to refer to, and mention in,
the text the most up to date decisions on statutory
interpretation within the compass of 640 pages. In his
preface, the learned editor mentions the vital Report on
the Interpretation of Statutes published by the English
Law Commission in April 1969, which emphasised
that the meaning in a legislative enactment is the
meaning which it bears in the light of its intended—
not
literal—context, and to deplore the tendency in some
recent decisions, not unknown in Ireland, to over-
emphasise the literal meaning of a provision. It is fortu-
nate that we have a rigid Constitution and that conse-
quently statutes, however imperfectly drawn, are at all
times subordinate to it.
It must be remembered that whereas a Constitution
receives the approval of the majority of the people by
means of a referendum, the text of a statute is deter-
mined by the executive of the day, and subject to its
not being in conflict with the Constitution, can be
changed at will by the same or by a subsequent execu-
tive; there is of course no such restriction in England.
It is natural therefore that the wording of a statute
should be much more strictly construed than the text of
a constitution. As O'Byrne S. stated, in the unanimous
judgment of the Supreme Court in
Sullivan v Robinson
(1954), I.R. 161 at page 174: "A constitution is to be
liberally construed so as to carry into effect the inten-
tions of the people as emboded therein." Mr. Edgar has
been so imbued with the English principle of the supre-
macy of Parliament which hardly exists anywhere else
that he has not emphasised this vital distinction suffi-
ciently.
It need hardly be said that all the customary material
—such as the drafting and classification of statutes, the
construction of a statute where the meaning is plain or
not, the interpretation of words, the construction of
enabling acts, delegated legislation, the effect of earlier
and current enactments of the State (Crown), terri-
torial effect of British statutes, and mistakes in statutes
—are treated with the customary excellence that one
expects from this leading textbook. Part 3 deals with the
definition and effect of local, personal and private Acts.
By supplying good print, adequate sub-titles, plenty of
footnotes, and an elaborate index, the publishers have
ensured an attractive lay-out which is such a vital part
of modern law publishing.
If Britain enters the European Community, Mr.
Edgar will probably be obliged to refer to many laws
and decisions of the Communitv States in order to dis-
cuss the principles governing the construction of statutes
in the future. However, subject to the preliminary
remarks, by his industry and erudition Mr. Edgar has
achieved a remarkable feat in editing this up to date
edition of Craies.
CGD
96
Through the Bridewell Gate:
A Diary of the Dublin
Arms Trial
by Tom Mclntyre; 8vo; pp. 219; London,
Faber and Faber, 1971; £2.25.
The author has written a comic novel,
The Charollais,
and a volume of short stories entitled
Dance the Dance
which I admit I have not read. In this chronicle, the
author sets out to describe in a day-by-day form, first
the abortive arms trial relating to the alleged impor-
tation of arms into Northern Ireland held in September
1970, and secondly the arms trial of October 1970 which
resulted in the acquittal of the accused. As practically
everyone mentioned is still alive, the author had to
tread rather warily, but he does manage to give good
pen pictures of the main actors in the drama. As Mr.
Mclntyre is not a lawyer it would not have been reason-
able to expect him to appreciate the intricacies of the
law of evidence involved in the proceedings, but he has
nevertheless succeeded admirably in laying stress upon
the more dramatic moments of the trial. For instance,
he describes Luykx as follows : "He is one of that rare
breed, the born survivors. Sentence him to death tonight,
execute him while you're at it, and you'll meet him a
the Curragh races on Saturday, the sun bright upon
him and long shot winners nibbling from his hand."
This is the sort of staccato style which the author
employs with effect. Of an English witness he says :
"The sallow complexion, the face itself—nothing of the
Celtique linera on it, but most of all the awareness
vibrating in him of the Sassenach surrounded by agile
foes." There are some glorious descriptive pieces and
it is all most readable. While the arms trial will doubtless
always be one of the historic trials of htis century, the
dry but accurate verbatim report of the trial must needs
yet be written. Its effects will be with us for many days
to come, and Mr. Mclntyre has certainly made it live
in these pages.
CGD
Erskine
May:
Treatise on the Law, Proceedings and
Usage of Parliament;
Eighteenth edition by Sir Barnett
Cocks; 8vo; pp. xxxv+1108; London, Butterworth,
1971; £8.80.
The publication of this, the eighteenth edition of
Erskine May's
Parliamentary Practice
sub-titled
Treatise
on the Law, Privileges, Proceedings and Usage of
Parliament,
will be welcomed by all those interested
in matters political, practitioner and student alike.
May has been for over a hundred years an essential
and reliable reference book on parliamentary proce-
dures and practices at Westminster. It is more a book
for rapid consultation than for leisurely study but
nevertheless succeeds in retaining a compelling reada-
bility which, for a reader with some background knowl-
edge, facilitates comprehension and stimulates interest.
The work is divided into three parts dealing with (i)
the Constitution, Powers and Privileges of Parliament,
(ii) Proceedings in Parliament: Public Business, and
(iii) Proceedings in Parliament: Private Business.
In accordance with tradition the book has been delib-
erately restricted to about 1,000 pages. To enable this
to be done in the present edition the historical section
on the origins of the modern Parliament which appeared