Horizontal Effect and the Constitutional Constraint

This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights through the common law. The model requires courts to develop the common law compatibly with the Convention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are unsustainable; that deep constitutional norms compel the constraint of incrementalism, which is preserved under the HRA; and that by virtue of section 2 of the HRA, Convention rights function as principles rather than hard‐edged rights in this context. This further undermines the idea that the courts must strictly apply Convention rights and cannot allow them to be overridden by non‐Convention factors. The final section explores the nature of incrementalism in this context and the impact of the model on the doctrine of judicial precedent.     

Factors influencing the contamination of UK banknotes with drugs of abuse

Bank of England banknotes sampled from different locations in the UK have been analysed for the presence of cocaine, diamorphine (DAM), Delta(9)-tetrahydrocannabinol (THC) and 3,4-methylenedioxymethamphetamine (MDMA). A database of the contamination detected is routinely used as a benchmark against which the contamination detected on seized banknotes can be compared. Evidence presented at court details how banknotes seized from a suspect may differ from banknotes in general circulation in terms of their contamination with controlled drugs. A question arising from such evidence is whether seized banknotes could have become contaminated through being in circulation in drug "hot spots". In order to address this issue, a Plackett-Burman experimental design was used to investigate the influence of source location and other factors on banknote contamination with drugs of abuse. Banknotes were drawn from banks in eight regions throughout the UK. Each location could be described by a unique combination of the factors under investigation, namely whether the location was rural or urban, in the North or South of the UK, and whether it was a port of entry. The socio-economic class and the proportion of drug offenders in the area and the denomination of the banknotes were also considered as potentially influential factors. Indices were calculated to describe the degree to which samples were contaminated with different drugs, and normal probability plots were used to identify the factors that could account for the contamination observed. Whilst some factors were more influential than others, it was shown that, at the 95% confidence level, none of the proposed factors were significant influences on the contamination. Cocaine contamination on banknotes has been shown to follow a log-normal distribution. It was, therefore, possible to calculate F- and t-statistics to compare the cocaine contamination on the entire sample set with that detected on a second sample set consisting of banknotes all drawn from a single bank branch. It was shown that both inter-bank samples and intra-bank samples had similar variance and similar contamination levels at the 95% confidence level. This suggests that there are no significant regional trends in the contamination of banknotes with drugs of abuse across the UK.     

Commercialization activities in the SBIR program: Changes over time (part 2)

In order to explore how the extent of commercialization changes over time, longitudinal surveys were conducted by telephoning several sets of awardees in the Small Business Innovation Research (SBIR) program. A model was formulated that predicts how the distribution of SBIR projects among five commercialisation levels changes from one year to the next. It was found that the distribution in any given year is dependent on the distribution in the previous year only. Projections show that as many as 30% of SBIR projects may eventually achieve commercialization.     

Characterisation of variant alleles at the HumD21S11 locus implies unique Australasian genotypes and re-classification of nomenclature guidelines

Several variant alleles of the HumD21S11 locus have only been reported in Australasian population samples. Fifteen such alleles were observed in Caucasian and Australian Aborigine sub-population databases compiled from residents of the state of Western Australia. Each variant was sequenced to authenticate the allelic designation and determine the structural conformation. Nine novel structural variants are described. The structure of the repeat region of these rare alleles combined with the STR designation brings aspects of the HumD21S11 nomenclature guidelines into question, in particular the designation of common incomplete repeats (or "0.2's"). The conformation of the sequences provides evidence in support of a genetic relationship between the Australian Aborigine and the Papuan people.     

Characterization of the explosive triacetone triperoxide and detection by ion mobility spectrometry

The improvised explosive triacetone triperoxide (TATP) was synthesized and characterized by 1H-nuclear magnetic resonance (NMR), 13C-NMR, Raman and infrared (IR) spectroscopy. Triacetone triperoxide was subsequently analyzed by ion mobility spectrometry (IMS) in positive ion mode, and detected as a cluster of three peaks with a drift time of the most intense peak at 13.06 ms. Triacetone triperoxide was then analyzed after dissolution in toluene, where a dramatic increase in peak intensity was observed, at a flight time of 12.56 ms (K0=2.71 cm2V(-1)s(-1)). Triacetone triperoxide was subsequently analyzed by coupling the ion mobility spectrometer to a triple quadrupole mass spectrometer, where a single peak at m/z of 223 atomic mass units identified the species present in the ion mobility spectra as being triacetone triperoxide.     

Reviews

Ideology and Development in Africa by Crawford Young Yale University Press, New Haven (Connecticut), 1982. xviii plus 376 pp. including tables, notes and index. R62,57. R23,35 paperback.

Essays on the Political Economy of Rural Africa by Robert H. Bates Cambridge University Press, Cambridge, 1983. xiii plus 184 pp. including tables, notes and index. R40,95.

Political Development Theory: The Contemporary Debate by Richard A. Higgott Croom Helm, London, 1983. xvi plus 124 pp. including index. £6,95 paperback.

Decolonization: The Administration and Future of the Colonies, 1919–1960 by Rudolf von Albertini Holmes and Meier, Inc., New York, 1982 (reprint), xxx plus 680 pp. including notes, bibliography and index. $ 37,50. $19,50 paperback.

Foreign Policy‐Making in Developing States: A Comparative Approach edited by Christopher Clapham Saxon House, Westmead, 1977. x plus 184 pp. including tables, maps, bibliography and index. R45,8o.

The Politics of Basic Needs: Urban Aspects of Assaulting Poverty in Africa by Richard Sandbrook Heinemann, London, 1982. vi plus 250 pp. including tables, notes and index. £5,95 paperback.

Redistribution of Population in Africa edited by John I. Clarke and Leszek A. Kosiński Heinemann, London, 1982. xii plus 212 pp. including tables, figures, maps, index of names and subject index. £7,50 paperback.

Oral Historiography by David Henige Longman, London, 1982. x plus 150 pp. including notes, bibliography and index. £3,95 paperback.

Nigeria von der völkerrechtlichen Unabhangigkeit zur zweiten Republik: Analyse und Dokumentation by Joseph Lütke Entrup Verlag Hans Richarz, Sankt Augustin, 1981. 243 pp. including appendices and bibliography. DM29,80.

Oral Poetry and Somali Nationalism: The Case of Sayyid Mahammad ‘Abdille Hasan by Said S. Samatar Cambridge University Press, Cambridge, 1982. xii plus 232 pp. including illustrations, figures, tables, notes, bibliography and index. R52,50.

Tom Mboya: The Man Kenya Wanted to Forget by David Goldsworthy Heinemann, London, 1982. xii plus 308 pp. including appendix and index. R30,80.

Development Policies and Approaches in Southern Africa edited by D. A. Kotzé Academica, Pretoria, 1983, 147 pp. including bibliography and index. R16,50.

Das südliche Afrika — I: Republik Südafrika‐Swasiland‐Lesotho by Ernst Klimm, Karl‐Günther Schneider and Bernd Wiese Wissenschaftliche Buchgesellschaft, Darmstadt, 1980. 307 pp. including maps, tables, graphs and index. Also annexure of photographs. DM84,00.

Die Städte des südlichen Afrika by Karl‐Gunther Schneider and Bernd Wiese, Bornträger, Berlin and Stuttgart, 1983. 175 pp. including maps, tables, figures, graphs, photographs and index. DM98,00.

Südafrika: Fakten und Probleme by Karl‐Gunther Schneider and Bernd Wiese Seewald, Stuttgart, 1983. 187 pp. including maps, tables, figures, graphs, photographs and index. DM24,00.

Verkehrsgeographische Strukturwandlungen im südlichen Afrika, 1975–1980 by Joachim Jeske Institut für Afrika‐Kunde, Hamburg, 1981. 256 pp. including maps, tables and figures. DM22,00.

Malawi: Geographie eines unterentwickelten Landes by Cay Lienau Wissenschaftliche Buchgesellschaft, Darmstadt, 1981. 243 pp. including maps, tables, graphs and index. Also annexure of photographs. DM89,00.

Kaunda on Violence by Kenneth D. Kaunda and edited by Colin M. Morris Willia m Collins, London, 1980. 184 pp. R6,95 paperback.

Under the Skin: The Death of White Rhodesia by David Caute Allen Lane, London, 1983. 447 pp. including maps and chronology. £14,95.

Race and Ethnicity: South African and International Perspectives edited by Hendrik W. van der Merwe and Robert A. Schrire, David Philip, Cape Town, 1980. 237 pp. including notes and index. R9,00 paperback.

South Africa in the World Economy edited by Jacqueline Matthews McGraw‐Hill, Johannesburg, 1983. xi plus 271pp. including index. R23,50.

Black Politics in South Africa since 1945 by Tom Lodge Ravan Press, Johannesburg, 1983. x plus 389 pp. including figures, notes, sources and index. R 14,95 paperback.

Which Way is South Africa Going? by Gwendolen M. Carter Indiana University Press, Bloomington (Indiana), and London, 1980. xii plus 162 pp. including maps, bibliographical notes and index. $12,95.

The God of the Xhosa: A Study of the Origins and Development of the Traditional Concepts of the Supreme Being by Janet Hodgson Oxford University Press, Cape Town, 1982. xiv plus 131 pp. including appendices, bibliography and index. R9,75 paperback.

Black People and the South African War, 1899–1902 by Peter Warwick Cambridge University Press, Cambridge, 1983. xiv plus 226 pp. including maps, tables, notes, select bibliography and index. R52,25.

Afrikaner Political Thought: Analysis and Documents — Volume I: 1780–1850 by André du Ton and Hermann Giliomee David Philip, Cape Town and Johannesburg, 1983. xxx plus 309 pp. including notes and index. R36,oo. R 18,00 paperback.