Constitutional Background Research Articles

Genetic hallmarks and clinical implications of chromothripsis in childhood T-cell acute lymphoblastic leukemia

Chromothripsis (cth) is a form of genomic instability leading to massive de novo structural chromosome rearrangements in a one-time catastrophic event. It can cause cancer-promoting alterations, such as loss of sequences for tumor-suppressor genes, formation of oncogenic fusions, and oncogene amplifications. We investigated the genetic background and clinical significance of cth in childhood T-cell acute lymphoblastic leukemia (T-ALL) patients. For this purpose, whole-genome copy number alterations were analyzed in 173 children with newly diagnosed T-ALL using high-density microarrays. Cth was identified in 10 T-ALL samples (5.78%). In six of them, cth occurred in a constitutional background of Nijmegen breakage syndrome (n = 5) or Li-Fraumeni syndrome (n = 1). Cth generated alterations, including deletions of CDKN2A/B (n = 4) and EZH2 (n = 4), amplifications of CDK6 (n = 2), and NUP214::ABL1 and TFG::GPR128 fusions. Cth-positive leukemias exhibited deletions involving the tumor-suppressor genes RB1 (n = 3), TP53 (n = 1) and MED12 (n = 2). Cth-positive T-ALL patients had a lower probability of 5-year overall survival (OS) [0.56 vs. 0.81; hazard ratio (HR) = 4.14 (1.42–12.02) p = 0.017] as did 5-year event-free survival [0.45 vs. 0.74; HR = 3.91 (1.52–10.08); p = 0.012]. Chromothripsis is an infrequent genomic phenomenon in pediatric T-ALL but is significantly associated with cancer-predisposing syndromes and may associate with inferior prognosis.

Macroinvertebrate communities reveal regional asymmetries in riverine ecosystems along a gradient of water availability in hydrologically distinct years

Climate change has been increasing the frequency and severity of drought periods. There is a need to understand how this water scarcity affects aquatic communities. The main aim of this work was to compare the macroinvertebrate communities and their bioindicator value (ecological status sensu the Water Framework Directive) in three Regions [northeast (N), central (C) and south (S)] of Portugal along a water availability and climate gradient, in two consecutive years that reflect hydrologically distinct scenarios (2018 versus 2019). The period prior to sampling (summer and autumn 2017) was extremely dry and hot, whereas climatic fluctuations in 2018–2019 (when the sampling occurred) were closer to the norm. A total of 28 sampling sites were surveyed in streams of Regions where water scarcity is differentially constitutive. The results showed a consistent environmental and ecological gradient in both years, despite the background differences. A coinciding mineralization, temperature, riparian cover and water availability gradient clearly separated Regions C (wettest) and S (driest), with Region N occupying an intermediate position. Region C had overall higher ecological quality (prevalence of sensitive organisms) in both years. Despite our a priori expectations that 2018 would represent a much more stressful condition, with larger differences across Regions (because of their constitutive background), the data suggest that macroinvertebrate communities may be resilient or adapted, to some degree, to hydrological fluctuations. Signs of more favourable conditions in 2019 were also observed (general improvement in ecological status). Studies across hydrological and climatic gradients (in time and space) are particularly important where water availability is becoming more challenging.

Liability rules protecting waste management in the light of the right to a healthy environment

Some European countries use a complex system of liability to protect the environment through civil, criminal, and administrative law. The purpose of this work is to present and evaluate the constitutional background of the complex liability system protecting the order of waste management in Hungary, in addition to examining the constitutional provisions of three Western European countries – namely France, Spain and Germany – in relation to the topic. Paying particular attention to how the Constitution of the given country regulates the right to a healthy environment.

Analisis Penerapan Undang-Undang Nomor 1 Tahun 2023 Tentang KUHP Terhadap Batas Minimal Usia Perkawinan

This study aims to analyze the reasons for the legislators to change the setting of the minimum age for marriage for women according to the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Amendment to Law Number 16 of 2019 concerning Marriage. The choice of this theme is based on the constitutional background in the previous Marriage Law, the contents of Article - Marriage Law Number 16 of 2019 are not in line with the law that was born later, namely Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 on Child Protection. Based on the above, this paper raises the formulation of the problem: what are the reasons for the legislators to change the minimum marriage limit based on the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code for Amendments to the Marriage Law.
 This research is a normative juridical research, using historical approach (historical approach) and statutory approach (statue approach). and the statutory approach. Primary, secondary and tertiary legal materials obtained by the author were analyzed. The results of this study the reasons for the legislators to change the minimum marriage limit for women based on the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Amendment to Law Number 16 of 2019 concerning Marriage is the result of this research. Philosophically, this is to eliminate discrimination in the acquisition of basic rights and constitutional rights arising from differences in the minimum age limit for marriage as stipulated in Law no. 16 of 2019. Sociologically, this is to prevent the occurrence of early marriage which will have a further impact on the occurrence of pregnant women and childbirth at an early age which are at high risk for the health of the mother and baby. Juridically, this is a fulfillment of the mandate of the Constitutional Court Decision No. 22/PUU-XV/2017 related to the unification of the minimum age for marriage between men and women, synchronizing the law alongside the Child Protection Act, and part of ensuring the ability to act within the law.

An empirical review of fundamental principles of Ayurveda for women’s reproductive health and diseases

Ayurveda is known for its promotive, curative and therapeutic concepts. The main objective of Ayurvedic treatments is to promote healthy lifestyle through proper nutrition, prevention of disease and specialized treatments based on the diagnosis. The fundamental principles hold a firm ground in Ayurveda. From creation of living beings to issues of health, disease and its diagnosis & treatment, these fundamental principles are the roots. Woman’s Reproductive life is associated with drastic physiological, anatomical and psychological changes during menarche, reproductive period, pregnancy, menopause and post menopause. Aim & Objectives: To promote and maintain the overall well-being of Women throughout their lives using the principles of Ayurveda. Methodology: All the material and data are collected from ancient’s treaties, Ayurvedic books, Research paper under google scholar, PubMed, research gate etc. search engines. Result: Ayurveda considers menstrual health, fertility, pregnancy, and postpartum care as essential aspects of a Woman's life. It focuses on natural and personalized methods to address Women's reproductive issues and promote overall wellness. Discussion: Although any individual, regardless of constitutional type, can be provoked in any and it is the Vikriti, the imbalanced ratio of Doshas which we treat in Ayurveda, still these cyclical imbalances operate within a specific individual constitutional background which must be taken in account in formulating individual treatment plans. Conclusion: Ayurveda dose provide principles and guidelines for diagnosis and treating the various Women’s health conditions & diseases.

From the Lack to the Requirement: The Public Consultation Reform in Saudi Arabia

Since the foundation of the Kingdom of Saudi Arabia, there had been a lack of public involvement in the decision-making process. Interestingly, however, the Saudi government has recently introduced a new requirement for most proposed laws and regulations: public consultation (PC). Among the first to address the reform in the Kingdom, this Article offers an overview of the PC concept and its development. This Article compares the U.S. and Saudi PC experiences and further analyzes the Saudi PC adoption to achieve three goals. First, the Saudi reader will gain a better understanding of the PC concept by introducing the U.S. experience (the notice and comment). Second, the U.S. reader, unfamiliar with the Saudi legal system, will gain a better understanding of the Saudi experience, along with a brief but necessary constitutional background. Third, the comparison provides an opportunity to make observations about the two experiences, which paves the road to propose critical recommendations for the Saudi policymaker to realize a meaningful PC implementation. Moreover, this Article documents and analyzes PC practices conducted by Saudi government agencies before and after the adoption of PC in the Kingdom.

One Empire or Two States? Dualism and States of Emergency in Austria-Hungary Before and During the First World War

ABSTRACT Much has been written about Austria-Hungary under the state of emergency during the First World War. Historians have analysed many aspects of wartime government, among them the political, bureaucratic, and constitutional background since 1867. Emphasis has been placed on the legal regulations that underpinned the state of emergency and their wartime implementation, institutional responsibilities, and the different kinds of hardship emergency decrees imposed on the Habsburg Empire’s diverse population, including the targeting of particular nationalities and political ideologies. Much of this scholarly work, however, focuses solely on one or other of the two halves of the monarchy without looking at their differences and similarities. This article therefore analyses: To what extent did one of the main characteristics of Austria-Hungary as a state, namely its dualism, influence planning for and implementation of the wartime state of emergency? While in both halves of the Monarchy parliamentary legislation transferred authority to the government in the event of a state of emergency, in Austria there were fewer safeguards against the military’s abuse of power. The more significant limitations on the military’s authority in wartime Hungary and the greater powers reserved to its Parliament and judicial system were not sufficient in themselves to reduce the repressive nature of emergency rule or its negative impact on the lives of ordinary citizens.

PUBLIC LAW CONTRACT IN GERMAN ADMINISTRATIVE LAW

The article focuses on the public-law contract in German law. It considers the relationship between the public-law contract and the administrative act in the context of the principle of freedom of choice of form of action of the administrative authorities. It analyses the legal basis of the public law contract. First of all, these covers § 54 of the Administrative Procedure Act as the central norm of the public law contract. Issues relating to the limitations in the enforcement of § 54 are also outlined. In addition, the constitutional background of the public contract is discussed. Particular attention is paid to the principle of lawfulness of government action and its two main components: the rule of law and the principle of compliance with the law, which have a varying impact on the public-law contract. The article also considers the dual nature of public-law contracts, which is primarily due to the fact that the public-law contract itself is directly a figure of both procedural and substantive law. Distinctive features of a public-law contract in the context of its differentiation from the other forms of implementation by administrative authorities of their powers are analyzed. First of all, it affects the administrative act on demand as the closest to the public-law contract type of its external manifestations. The same applies to an administrative act with additional conditions, since it has misleading characteristics similar to a contractual relationship. The subject matter of the contract itself was analyzed as a decisive factor enabling it to be classed as a contract entered into in the field of public administrative law. The role of the theory of special law and its impact on the process of identifying the public law contract was examined. In this regard, the limping mutual contract as a special form of a public-law contract has been defused. A special place in the article is given to the issues of terminology. It is concluded that Ukrainian administrative law has no analogues and similar approach not only to the question of classification but also to the correlation of the considered notions developed by German administrative law.

University Leadership and Academic Neutrality in Malaysian Academia

In Malaysia, various legal and administrative instruments have been passed to ensure academic neutrality in universities. While this directive maintains a veneer of neutrality on the surface, it does not address the importance of neutrality and impartiality that a university lecturer, and the university itself, must possess. As the law stands today, there is a need to clarify this issue in ascertaining the degree of a lecturer’s neutrality since this involves public law concepts and human rights concerns. This issue is particularly germane in Malaysian academia since a mere whiff of an academic discussion regarding law and governance could be possible frowned at as an “anti-government” activity. Since the mechanics of “neutrality” transcends legal provisions, this paper utilises the doctrinal legal research methodology in examining the legal and constitutional background of this concept in light of the social theory concepts of power and hegemony, focusing on the works of James C Scott and Mannheim. The aim of this paper is to question the conventional comprehension which might be held by the university management regarding neutrality in academia.

The rebus sic stantibus clause en the purchase contract of an expected thing

En este texto se revisa la aplicación de la cláusula rebus sic stantibus en el contrato de compraventa de frutos futuros provenientes de un cultivo bajo la modalidad de emptio rei speratae con el propósito de revisar la naturaleza jurídica (principio o cláusula general) y los elementos estructurales de la citada cláusula y evaluar su viabilidad o no en el aludido contrato, atendiendo el principio de la buena fe y la naturaleza sui generis del citado negocio jurídico que le otorga el carácter futuro de su objeto. También se revisa el trasfondo constitucional de la citada cláusula general, como reiteración de la doctrina romana de la preeminencia de la persona en el Derecho. Para llevar a cabo dicha investigación jurídica, desde el punto de vista metodológico se adopta una técnica de pensamiento basada en el estudio de un caso problémico.

Roman Courage and Constitution in Hegel's Philosophy of Right

AbstractThis article argues that the citizens of Hegel's state cannot maintain themselves as politically free because they are susceptible to mutual enslavement. I demonstrate this by focusing on the Roman republican background of Hegel's constitution, the potential trajectory of its dissolution and the accompanying means of its cyclical fortification through courage. Hegel, by integrating aspects of the Roman mixed constitution also adopts the idea of decadence within his conception of civil society. After locating the source of decadence in the contractual relations of peace and the bourgeois inability to overcome the fear of death, I go on to argue that war for Hegel provides a theatre where freedom may be regenerated through courage. However, I also show that modern wars do not provide sufficient means of perpetuating Hegel's constitution. To demonstrate this, I distinguish three forms of war: colonial, limited and total war, arguing that only the latter offers a solution to decay of political disposition and loss of freedom, but that—by being itself susceptible to decadence—it cannot salvage Hegel's state from dissolution and reduction to contractual relations.

The King of Lesotho and his Contemporary Constitutional Background

The Kingdom of Lesotho (the former Basutoland), independent since 1966, celebrates 200 years of its royal dynasty in 2022. Therefore, an analysis of its monarch's constitutional position, based on the current constitutional text of 1993 as amended numerous times afterwards (last - until now - in 2020), seems to be called for. The present analysis focuses on necessary general and genealogy elements as well as the monarch's competences in the legislative, executive and judicative branch of Lesotho, vis-à-vis the respective practical application.

Ethical Problems in Nigerian Fiscal Administration (An Analysis of Political Emoluments and Remuneration)

Political Emoluments have never been only a Nigerian issue, but also a fiscal issue facing global economy today. It has become an ethical issue in public financial management, thereby hampering on the economic growth of national and international economies, respectively. Nevertheless, this paper takes into consideration such ethical issues, laying emphasis on the constitutional background of how this finance issue can be resolved legally and ethically. The major methodology to researching on this fiscal issue is a descriptive, explanatory, and prescriptive analysis, putting together the legal provisions of the Nigerian constitutions as a DNA for appropriate recommendations as a way forward. The paragraph 31 and 32 of the 3rd Schedule of the Nigerian Constitution is the major area of focus for the analysis of this paper, thereby drawing a line between the adoption of the written and spirit of the aforementioned section of the constitution in theory and practice in order to curb the fiscal crisis in the Nigerian public Emoluments laws.

North Macedonia’s Language Law of 2018

In 2019, a new law regulating the use of languages other than Macedonian entered into force in North Macedonia. Language issues have always been a hot topic in North Macedonia and one capable of stirring controversial debate, especially between the Albanian- and the Macedonian- speaking population. This is also the case for this most recent piece of legislation. The present article discusses initially the constitutional and political background to the adoption of the law. It then analyses some of the most disputed aspects of the law. Most of them relate to the broader issues of democracy and rule of law as well as the balance with other human rights.

El auto de vinculación a proceso

En este trabajo se analiza la introducción del auto de vinculación a proceso por el decreto que reformó, entre otros, los artículos 16 y 19 de la Constitución Política de los Estados Unidos Mexicanos, publicado en el Diario Oficial de la Federación del 18 de junio de 2008. También se hace referencia a las disposiciones aplicables del Código Nacional de Procedi-mientos Penales de 2014. Este auto sustituyó al auto de formal prisión (vigente en México cerca de un siglo) y al auto de sujeción a proceso. Se estudian los antecedentes constitucionales de estos dos primeros autos, así como las modificaciones que trajo consigo el auto de vinculación a proceso. Se examinan las dos funciones procesales de estas resoluciones, en cuanto a la determi-nación del objeto del proceso y la inmutabilidad del mismo. El ensayo concluye con el trámite del auto de vinculación a proceso, en la audiencia inicial o en la audiencia de vinculación a proceso o continuación de la audiencia inicial, así como con los requisitos que ese auto debe cumplir.

Self Defense, an Unalienable Right in a Time of Peril: Protected and Preserved by the Second Amendment

For Americans frightened for their own and their family’s safety, the Covid-19 pandemic; lockdown in March 2020; release of convicted offenders; protests against the police morphing into weeks of violence and calls to defund them; and a presidential candidate promising to seize their guns has led to record-setting applications for firearms. This essay explores the constitutional background of the right to armed self-defense then tests the arguments against it: 1) it’s unnecessary, the police will protect you and 2) guns in your hands pose a danger to public safety. But can the police protect us and do they have a legal duty to do so? To answer the questions the success of restraining orders for vulnerable individuals and violent crime statistics during an era of increased public carry are examined. The essay concludes with the experience of England, where the very right to self-defense has been effectually removed.

Constitutional background to and aspects of the Good Friday Agreement

N/A

The Federal Constitutional Court Decisions: „The Right to be Forgotten I” and „The Right to be Forgotten II” – The Expectation of Increased Cooperation with the Concurrent Need to Maintain Independence

The article discusses the decisions “Right to be forgotten I” and “Right to be forgotten II” of 6 November 2019 by the Federal Constitutional Court, which redefine the relationship of cooperation between the Federal Constitutional Court and the European Court of Justice in the area of fundamental rights. The Court has decided for the first time that where EU fundamental rights take precedence over German fundamental rights, the Court itself can directly review, on the basis of EU fundamental rights, the application of EU law by German authorities. In the first part, the article presents the previous system, including the precedence of application of EU law and its exceptions (ultra-vires review; identity review), as well as the controversial question of the interpretation of Article 51 (1) of the Charter of Fundamental Rights, which is decisive for the applicability of the fundamental rights under the Charter. The focus is on the constitutional background of the German Basic Law for the protection of fundamental rights in the European multi-level system. Against this background, the second part of the article presents the facts and reasons for the decisions “Right to be forgotten I” and “Right to be forgotten II”. This is followed by an analysis of the consequences of these decisions for the protection of fundamental rights and cooperation between the European Court of Justice and the Federal Constitutional Court. In particular, the way in which fundamental EU rights can now be enforced before the Federal Constitutional Court is described in greater detail. The concluding part provides an overview of the open questions, risks and opportunities of this approach. Here the article illustrates the significant impact of the two decisions on dogmatic and procedural matters.

Country Note: The Future of the Economic Nexus Standard for US Sales & Use Tax Collection

Under the US Constitution businesses can only be coerced to collect sales and use taxes if they have sufficient nexus with a given state. Until last year, Business-to-consumer sales by out-of-state vendors remained effectively untaxed if the seller did not have a physical presence in the state where the consumer lived. With its landmark Wayfair-ruling the Supreme Court changed its course and widened the door for the States to coerce remote sellers (including those located outside the US) to collect the tax by accepting an economic nexus standard. This article explains the political and constitutional background to the issue of sales tax collection in relation to B2C sales made by out-of-state vendors, discusses the reasoning of the majority and dissenting opinions in the Wayfair ruling, and analyses its implications.

Constitutional Aspects of Local Taxes in the Slovak Republic and in the Czech Republic

The main aim of the paper is to analyze the constitutional backgrounds of the local taxes´ legal regulation, assessment, and collection in the Slovak Republic and the Czech Republic. The paper starts with the general constitutional regulation of taxes and continues with the critical analyses of local taxes´ regulation and application in both countries. It follows the legal power of legal norms, starting with the international aspects – the European Charter of Local Self-Government, continuing with the constitutional issues and finishing with the statutory regulation of local taxes. The first part of the hypothesis that even if the constitutional regulation in these countries is very different and gives different opportunities for the local taxes adoptions both in national Parliaments and in local councils, the practice in both countries is very similar, was (with a small difference in the actual use of given possibilities to adjust the real property tax revenues by the municipalities, which speaks in favour of the Slovak ones compared to the Czech) confirmed. However, the second part of the hypothesis that in both countries local self-government units do have adequate powers to impose and collect local taxes was rejected. In the conclusion, the comparison between the Czech Republic and the Slovak Republic is made and possible changes de lege ferenda are presented.