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accept the law as laid down in, for
instance, a Manitoba Court.
The author advocates reform in
different aspects of this particular
branch of the law. In general I am in
favour of reform but it seems to me
that in recent times the Oireachtas has
outdone itself in producing more and
more draconian legislation. For
instance, the Firearms and Offensive
Weapons Act 1990, which is dealt
with very well in this book, has
created a number of new offences
carrying prison terms. The Criminal
Justice (Public Order) Act 1993, and
the Criminal Justice (Sexual Offenses)
Act 1993 have followed suit. Even
now our politicians are engaging in
cheap talk about abolishing the right
to silence and changing the bail laws
without, it seems to me, any
investigation as to the effect such
changes will have on our criminal law
and justice system. This book states
the law up to the 13 June, 1991.
Peter
Charleton
is an intelligent and
articulate author. When he comes to
prepare a revised edition (and I would
suggest that the time for a revised
edition is fast approaching) he will
have to deal with this new trend
which challenges the rule of law as
we know it and diminishes the rights
o f the citizen. Hopefully he will use
his vast knowledge of the law here
and elsewhere to deal with this new
situation and to put it into perspective
alongside the constitutional and civil
rights of the citizen.
Michael Staines.
Irish Medical Law
David Tomkin and Patrick Hanafin,
The Round Hall Press, Dublin,
1995, 299pp, £37.50 (hb).
This book will be useful for most
solicitors and doctors. The table of
contents shows how many important
topics legitimately come under the
banner of medical law and this is the
first Irish attempt to provide a
comprehensive survey and introductory
guide to medical law in Ireland. The
book is introductory, because a book of
3 00 pages could not treat consent,
confidentiality, civil claims, criminal
law, mental patients, pharmaceuticals,
coroners and the many other topics in
the book in full detail. Necessarily very
detailed texts have been written on
most of these individual subjects. The
limitations of space have not reduced
the book's value greatly however, as
the authors provide ample references to
relevant detailed textbooks and other
material from home and elsewhere
(mainly England).
The occasional unnecessary use of
academic jargon (eg reference to the
"traditional voluntarist contract
model" in the context of civil claims
against doctors) may puzzle or annoy
! some readers. Also lawyer's
phraseology such as "the instant c a s e"
is unhelpful in a book which will be
read by many non-lawyers. In the
main however, the book is easy to
read and digest, and it will help
solicitors to advise on difficult issues
that arise in medical law.
The authors' academic expertise
equips them well to discuss theories
applicable to important issues in the
book and this helps the reader to
appreciate the rationale behind many
o f the relevant legal principles and
rules. Sometimes, however, the
authors have surprisingly refrained
from suggestion for change. For
example the authors have not, in my
opinion, fully discussed the practical
difficulties which have arisen from the
Supreme Court decision in
CK
-v-
An
Bord Altranais.
This enables doctors
and other professionals to obtain a full
High Court trial of disciplinary
matters that include issues of disputed
fact which have already been the
subject of a hearing and determination
by a statutory based disciplinary
tribunal. Because of the great expense
and delay caused by the duplication of
function of the tribunal and the court,
reform is urgently needed.
The book includes useful appendices.
These outline the history and structure
of the Irish health services and the
various relevant professions. Also (for
doctors) relevant legal terms are
explained. Given the range and
, complexity of medical terminology,
the authors have wisely resisted the
temptation to include a guide to
medical terms, as short guides to
medical terms can be misleading and
time wasting.
Roderick
Bourke
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