The Gazette 1974

BOOK REVIEWS

Lipstein (Kurt) The Law of the European Economic

Law, thanks to the lucid style and pervasible learning

Community. Royal 8vo.; pp. xliii, 368; London, Butter-

of Dr. Lipstein which are so helpful. The presentation

worth, 1974; £8.60.

a n

d printing are, as usual, excellent.

Professor Lipstein has recently been appointed Professor

?f Comparative Law in Cambridge, and the vast learn-

ing, clarity and erudition displayed in his previous

writings have been of great benefit to him in writing

this volume. The treatise is divided into three parts

nd the aim, admirably achieved, is to show how the

general framework provided for in the individual arti-

cles of the Treaty of Rome have been supplemented by

Regulations, Directives and Decisions. The original

bstract principles have now produced numerous con-

crete rules, but undoubtedly the ephemeral haste has

sometimes tended to colour the percanent nature of

toe legislation.

Part I deals with the origins and purpose of the

European Communities. It is emphasised that the

Community is a full Customs Union tending towards

toe elimination of discrimination. Apart from the

Treaty Regulations and Directives it is also stressed

that the general principles of the law common to the

Member States is one of the main sources of Com-

munity Law. If there is a conflict between Com-

munity Law and domestic law in a Court of a Member

Mate, the question must primarily be one of domestic

constitutional law, but if the same problem arises

Simultaneously in the European Court in Luxembourp,

toen the question is primarily one of Community Law.

Phe limited number of the provisions of the Treaty

pplicable to individuals are fully listed, with relevant

ses, on page 29. When a national Court refers a case

t o

the European Court under Art. 177 that Court is

restricted in interpretation, as it cannot consider the

tocts of the case or any aspects or characteristics of

domestic law, and cannot render a decision on the

merits.

Part II deals with the range of the Treaty and its

'mplementation, and is concerned with such problems

a s

Customs Duties, Agriculture, Freedom of Establish-

ment, Freedom of Movement of Workers, Transport,

Gartels and Monopolies, Abuse of Dominant Position,

a n

d Fiscal Provisions. Part I II deals in detail with the

Various remedies such as that arising on a reference

V Domestic Courts administering Community Law.

' he re is also an invaluable full chapter on procedure in

toe Community Court, which is so different to ours,

' h e practitioner who has mastered the contents of this

•took will have an adequate knowledge of Community

Elegantia Juris

—being selected writings of Professor

Francis Headon Newark, Q.C. Edited by Francis J.

Mclvor. 8vo.; pp. xvi, 391; Belfast, Northern Ireland

Legal Quarterly; 1973; £5.25.

This finely produced volume contains various legal

articles written by Professor Newark in various Journals

btween 1944 and 1970. Professor Newark, who came

originally from Warwickshire and was a First Class

Law graduate of Oxford, was appointed to Queen's

University, Belfast, as an omniscient lecturer in no less

than six law subjects in 1937. In 1946 Professor Newark

obtained the chair of Jurisprudence, and in 1963, the

chair of Civil Law; he had also been Secretary to the

Academic Council and Editor of the Northern Ireland

Law Reports until his retirement in September 1972.

Although selected, the scope and variety of the erudi-

tion and learning of Professor Newark are outstanding

as some of the following titles will show : "The Boun-

daries of Nuisance" (a learned historical account);

"The Accidental Fires Act (N.I.) 1944" (following the

Irish Act of 1943); "Dependent Relative Revocation

(1955); "Public Benefit and Religious Trusts'" (1946);

"Bad Law" (1966); "Off-Beam Law Reform" (1968);

"The Bringing of English Law to Ireland" (1972). The

Case of Tanistry" (1952); "Notes on Irish Legal His-

tory" (1947); "Legislation Law and Precedent in

Northern Ireland" (1970); "The Anatomy of a Law

Report"

(1965); "Headnotes"

(1956);

"Elegantia

Juris" (1961); "Marriage in Law and Society" (1955)

and "The Future of Roman Law in Legal Education"

(1959). Some of his Obites Dicta have also been held

for posterity, such as this one in 1955 :

"Approximately 50% of all litigants come out of

the court room convinced that Justice has not been

done."

Dr. Newark's sharp intellect and wide erudition are

also shown in his Book Reviews. The essay, "Elegantia

Juris''' is an outstanding example in instruction how to

deal with difficult legal phraseology. Mrs. Mclvor has

edited this volume with great sagacity, and has chosen

the material from Professor Newark's writings admir-

ably. The publishers deserve praise for the high standard

in presentation and printing.