Constitutional Values Research Articles

P-007 Surgical sperm retrieval rate in men with Klinefelter syndrome is associated with testicular volume - but not with body constitution or Sertoli cell markers

Abstract Study question Do sperm retrieval and pregnancy rates in men with Klinefelter syndrome (KS) depend upon sperm retrieval method, age, testicular volume, body weight, and hormone concentrations? Summary answer Successful sperm retrieval was significantly associated with total testicular volume but not with sperm retrieval method, age, body weight, BMI, FSH, inhibin-B or AMH. What is known already Testicular sperm can be retrieved from approximately 40% of men with KS, resulting in an average pregnancy rate of 16%. The sperm retrieval rate seems to be unrelated to the age of the man and to preoperative FSH-levels. A decrease in testosterone concentration is usually observed 3 months after surgery. Possible negative effects of testosterone substitution therapy prior to surgery and the predictive value of body constitution, testicular volume and the Sertoli cell markers, AMH and inhibin-B, for sperm retrieval success in KS men are only partly known. Study design, size, duration A total of 14 KS patients underwent subcapsular orchiectomy and 34 KS patients underwent m-TESE at Centre of Andrology & Fertility Clinic, Odense University Hospital. Pre-surgery examination included ultrasonography of the testicles, genetic analyses (standard chromosome analysis and screening for Y microdeletions and CFTR variants) and hormone analyses (including FSH, LH, testosterone, estradiol, prolactin, TSH, AMH, inhibin-B). Testosterone, LH, and FSH were also measured 3 months after surgery. Participants/materials, setting, methods Forty-three men had a 47,XXY karyotype, while 5 (2 from the subcapsular group and 3 from the m-TESE group) had a mosaic karyotype including 47,XXY. Subcapsular orchiectomy was performed unilaterally, while m-TESE was usually performed bilaterally. To avoid freezing the sperm retrieved, oocytes from the female partner was aspirated and vitrified after FSH-stimulation according to our usual IVF protocols. Oocytes were thawed on the day of sperm retrieval and embryos transferred in estrogen-progesterone stimulated cycles. Main results and the role of chance Sperm were obtained in 19 (40%) of the 48 men with KS. In 10 couples (21%) pregnancy was obtained and 7 women (15%) gave birth to at least one child resulting in ten children (6 girls and 4 boys), while one pregnancy is still ongoing. In the group who had a subcapsular orchiectomy, 5 (36%) had sperm retrieved, and pregnancy was obtained in 3 (20%) cases. Two gave birth to a child, while the third woman have had several abortions, most likely due to large fibromyomas of the uterus. In the m-TESE group 14 (41%) had sperm retrieved, and pregnancy was obtained in 7 (21%) cases. Five women (15%) gave birth to 8 children, while 1 pregnancy is still ongoing and the seventh experienced an early pregnancy loss. Furthermore, 3 couples have still not embryos transferred. Sperm were found in 3 men (60%) with mosaic karyotype. Sperm retrieval success was significantly associated with testicular volume (mean total testicular volumes of 3.4 mL vs. 2.3 mL; p < 0.01) but not with age, height, body weight, BMI or preoperative FSH, inhibin-B or AMH levels. Testosterone levels measured 3 months after the surgery, did not differ between men irrespective of surgical method. Limitations, reasons for caution The numbers of patients are limited and randomized studies with sufficient power are difficult to perform. AMH and inhibin-B, were only measured in the m-TESE group. Wider implications of the findings In KS patients, sperm retrieval and pregnancy rates were similar irrespective of the sperm retrieval method. Also serum testosterone 3 months postoperatively and cosmetic results experienced by patients were similar. Multicenter studies and larger studies are needed to provide more detailed information of the potential predictors for successful sperm retrieval. Trial registration number Not applicable

E – CONSTITUTION: THE MEANING OF CONSTITUTION IN DIGITAL DEMOCRACY IN INDONESIA

This paper aims to analyze the Indonesian Constitution in digital development. The constitution is the backbone of the implementation of democracy. The implementation of democracy in recent times has also been affected by digital developments. Freedom of speech as the core of democracy is not only implemented in old media such as mass media, but also through digital tools such as social media. With various problems, freedom of speech in social media and other digital media is also threatened, although it is protected by the Constitution. The Indonesian Constitution was written and drafted at a time far from the birth of digital technology. This anachronism requires that the constitution be adapted to digital developments. The adaptation of the constitution to the digital world can be called e-constitution. This e-Constitution must be distinguished from the digitization of legal instruments such as e-KTP or e-Government services. E-Constitution is constitutional sovereignty in the digital world. The writing of this article uses normative research with a reflective approach. The results of the discussion in this paper led to three conclusions. First, the 1945 Constitution was formed long before the development of digitalization. Second, digitalization together with democracy is developing very dynamically, so the constitution needs to be relevant to various changes. Third, the Constitutional Court is a living constitution, which has the role of guardian and interpreter of the constitution. The Constitutional Court must make decisions that remain in favor of constitutional values and remain adaptable to the development of democracy and digitalization.

Protection of constitutional values in the conditions of the Russian-Ukrainian war

The study is devoted to the analysis of the peculiarities of the protection of constitutional values in Ukraine in the conditions of the Russian-Ukrainian war. Its purpose is to develop proposals for improving the mechanisms for ensuring these values. A comprehensive approach was used, including methods of analysis and synthesis, a comparative legal method, as well as an analysis of judicial practice. The relevance of the study is due to unprecedented challenges for constitutional values in the conditions of hybrid war, which requires new approaches to their protection. Scientific novelty consists in the comprehensive analysis of modern challenges and the development of specific recommendations for improving legislation and law enforcement practice. The study showed that the protection of constitutional values in the conditions of war is a complex process that requires a combination of national and international efforts. A special role belongs to the judicial system, which must ensure a balance between national security and the rights and freedoms of citizens. International support is also critical to strengthening legal stability and protecting democratic values. The results of the study can be used to improve legislation and law enforcement practice in Ukraine, as well as to increase the effectiveness of international support in the field of human rights protection. The practical significance of the work consists in providing specific recommendations for reforming the judicial system and strengthening international cooperation. The protection of constitutional values in the conditions of the Russian-Ukrainian war requires a comprehensive approach, which includes reforming legislation, strengthening the judicial system, and strengthening international cooperation. The importance of constitutional values not only does not decrease, but also becomes even more relevant in the conditions of the modern world, which requires joint efforts of all branches of government, civil society and international partners.

Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice

In December 2023, 30 years have passed since the adoption of the Constitution of the Russian Federation. The positions of the constitutional control bodies have always played and continue to play an important role in the development of antimonopoly legislation and law enforcement practice in cases of protection of competition. In the practice of the Constitutional Court of the Russian Federation (CC of Russia) and a number of other law enforcement officers, competition is considered in the context of the constitutional value that all law enforcement officers, including antimonopoly authorities and courts, are obliged to protect. In the constitutions of a number of foreign countries, there is often no direct indication of the need to protect competition, which increases the role of the highest courts in creating a legal mechanism for its protection. The authors analyze the law enforcement practice of the Constitutional Court of the Russian Federation established after 2018 on the application of antimonopoly legislation and the influence of the positions of the supreme constitutional control body on the development of Russian competition law.

Https://vestnik.zqai.kz/index.php/vestnik/article/view/1413

The presented article gives the wording and justification of the methodological understanding of constitutionalism as the main paradigm of the vector of development of modern Kazakhstan in the context of the reform of the Constitution. The study considers the relationship of domestic constitutionalism with the realities dictated by the historical stages of the development of Kazakh statehood, authentication and ambiguity of constitutionalism; partisanship, universality, and a broad public interest in the value of constitutionalism as phenomena; constitutional imperatives and the correlation of legal and moral norms during the establishment of constitutionalism. The relationship between constitutionalism and popular sovereignty in the context of this article is the critical focus of political theory, jurisprudence, and constitutionalism. The authors suggests that the constitution can be more meaningfully understood by adopting a more complex concept of democracy—one that is able to distinguish between popular sovereign power in the hands of the people themselves, and in those of their agents in government. It establishes that underlying the bedrock doctrine of the basic structure of the constitution are fundamental questions about the relationship between constitutionalism and popular sovereignty. The article examines theoretical approaches to the concept of legal policy, considers the directions of legal policy and their inclusion in the constitutions of our country, as well as attempts to substantiate the role and influence of legal policy in the field of protecting the rights and freedoms of the individual in constitutional and other aspects, analyzes the historical process of Kazakhstan's acquisition of sovereignty, the formation and further improvement of individual institutions that make up the constructs of constitutionalization. The text is a conscious effort to institutionalize the country's revolutionary experience during its independent formation.

Eksistensi Penegakan Hukum Lingkungan Dalam Mewujudkan Pertumbuhan Ekonomi dan Pembangunan Berkelanjutan di Indonesia

This article discusses the increasing environmental challenges in Indonesia and the need for environmental law enforcement to maintain the sustainability of the planet. The problem of environmental pollution and degradation has become a major concern, requiring shared responsibility to overcome its impacts. Loss of wetlands, depletion of forests, as well as floods and landslides increasingly reinforce the need for comprehensive preventive and rehabilitation measures. One of the biggest threats is forest fires, which are becoming more frequent and threatening ecosystems. Enforcement of environmental laws is important to ensure environmental protection, in accordance with constitutional values that affirm the right of every individual to a healthy environment. In its discussion, this article highlights the importance of environmental law enforcement in encouraging sustainable economic growth in Indonesia. Effective law enforcement can create conditions that support development planning and implementation in all sectors. Apart from that, the article also illustrates the relationship between environmental legal concepts and economic growth, which are interrelated in ensuring that economic activities are carried out with due regard to sustainability principles. The concept of environmental law helps prevent excessive environmental damage and creates new opportunities in the green economy. In addition, this article discusses the contribution of environmental law to sustainable development, emphasizing the importance of integrating environmental, social and economic aspects in development strategies. Sustainable development is defined as a conscious and planned effort to ensure the integrity of the environment and the welfare of present and future generations. In this context, the role of environmental law becomes very important in ensuring the sustainability of ecosystems and overall human welfare.

The Constitutional Perspective of Indonesian Social Security System

Some of the values contained in the regulation of the National Social Security System Law (SJSN) and the Social Security Management Agency Law (BPJS) are contrary to constitutional values. The purpose of this paper is to examine the conflict of values. The study was conducted using normative legal research methods, which focused on the statutory and theoretical approach. This study found that social welfare mandated by the 1945 Constitution to the state is developed through the national social security system: (a) as an obligation, (b) to empower the weak and incapable people to develop themselves in accordance with human dignity, and (c) in order to fulfill basic needs, both the right to education, the right to health, and the right to get a job. In addition, although the 1945 Constitution does not specify the pattern of the social security system to be developed, the SJSN Law and the BPJS Law use a mixed model between social insurance from participants and social assistance from the state to the poor. Based on this, it is recommended to adjust the formulation of legal norms of the SJSN Law and BPJS Law contained with constitutional values.

STRENGTHENING THE SOCIAL AND MORAL CONTEXT OF THE IDEA OF HUMAN RIGHTS AND FREEDOMS IN THE UPDATED CONSTITUTIONS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS

The article focuses on the constitutional changes in the Russian Federation and the Republic of Belarus, aimed at the protection of spiritual and moral values. It is concluded that in the current conditions there is a clear retreat in Western countries from the recognition of the absolute nature of personal (inalienable) rights, and, on the contrary, the adoption of legal measures to limit them and even to establish responsibility for those actions that do not t into the formed mainstream, which is con rmed by the facts of discrimination on the basis of nationality, use of native language, restrictions on freedom of religion, freedom of movement, as well as property rights and others. The author consolidates with the position of those scholars who believe that values are the highest level of social regulation, the basis for the development of personality and maintenance of legal order in society. Attention is drawn to the similarity of the new constitutional norms of the Russian Federation and the Republic of Belarus in terms of strengthening traditional family values, the formation of respect for the feat of arms of the people during the Great Patriotic War, the need to honor the memory of the defenders of the Fatherland, to ensure the protection of historical truth and others. The analysis of amendments and additions to the constitutions of the Russian Federation and the Republic of Belarus convinces us of the desire of our states to preserve the basic constitutional values, to strengthen them, to provide for measures aimed at preventing emerging threats to the unity of society and the erosion of public consciousness.

RUSSIAN CONSTITUTION AS A GUARANTEE OF CIVILIZATIONAL IDENTITY AND SOVEREIGN DEVELOPMENT OF THE RUSSIAN STATE (ON THE 30TH ANNIVERSARY)

The Constitution of Russia, despite pessimistic forecasts during its adoption, caused, among other things, by the idea of the targeted, anticrisis nature of this document, was a reliable basis for the formation of national consent, reconciliation of society, and became the most important guarantee of the preservation of Russian socio-cultural identity based on traditional spiritual and moral values. In modern socio-historical and geopolitical conditions, the consolidating role of the Russian Constitution and its potential associated with ensuring the sovereign development of Russian statehood is increasing. Designed to ensure state development in conditions of historical turbulence, the Russian Constitution enshrined exible, self-adjusting mechanisms for balancing the interests of the individual, society and the state, based both on respect for the heritage and traditions of our ancestors, and on the desire for social progress. It is necessary to consistently reveal the normative, value-semantic content of the current Constitution of Russia, for which an essential prerequisite should be its demythologization in the sense of abandoning its distorted interpretations inspired by the currents of liberal-individualistic globalism. Some judgments on this matter, concerning, in particular, the ideological side of state development, the rights and freedoms of man and citizen in the system of constitutional values, spiritual, moral and legal education in the education system, are set out in the article with the expectation of further scienti c dialogue and the formation of a new constitutional paradigms of Russian statehood.

A Critical Study on Judicial Review in Administrative Action

Judicial Review can be understood as a form of court proceeding, usually in the Administrative Court where the lawfulness of a decision or action is reviewed by the judge. Where there is no effective means of challenge, judicial review is available. The concern behind Judicial Review is that whether the law has been correctly applied with and right procedures have been followed. In order to scrutinize the legitimacy of administrative action and the statutes, the Constitution of India has given influences to the Higher courts and the Supreme Court of India. To guard the rights of public and implement the fundamental rights are the main objects of judicial review. If any difficulty arises between State and Center relation, then Article 246 and the Schedule 7 of the Constitution has marked the working zone for the regulation construction between both State and Center. Judicial review plays an important role as a protector when the executive, judiciary and legislature harm the Constitutional values and deny the rights. The judicial assessment is considered as an indispensable feature in the country. In India, there is parliamentary form of democracy where every section of people is involved in decision making and policy making process. It is true that the primary duty of the court to apply rule of law and is the groundwork of social equality. By exercising new powers of Parliament, rule of law which is to be applied by the court cannot be modified. All those here, who are doing public duty, are accountable. They have to work within the democratic provisions of the Constitution of India. The concept of separation of power and rule of law is judicial review. The influence of judicial assessment has been so long under Articles 226 and 227 in case of High Court and Articles 32 and 136 of the Constitution of India for the review.If found unconstitutional, the following provision shall be made void. The most distinctive feature of the united states supreme court is its power of judicial review. As the guardians of the constitution the judiciary is that they can review the laws which may violate the constitution of the country

CLASSIFICATION OF CONSTITUTIONAL VALUES

The theoretical and practical significance of the classification of constitutional values is noted. The constitutions of the Republic of Belarus and other states are analyzed. The main approaches to fixing universal (universal) values in the text of the constitutions of various states are determined. Regional, pan-European and pan-Eurasian groups of constitutional values are considered. The national catalog of constitutional values is investigated, on the basis of which the specific classification of constitutional values is carried out: primary and derived; current and prospective; strata levels, families (layers), organizational; higher and others; absolute and relative; social, digital and others.

The Constitutional Value of the Right to Vote Revisited

The Constitutional Value of the Right to Vote Revisited

CONCEPT, SIGNS AND LEGAL NATURE BALANCE OF CONSTITUTIONAL VALUES

CONCEPT, SIGNS AND LEGAL NATURE BALANCE OF CONSTITUTIONAL VALUES

The Constitutional Court’s Journey to Bureaucratic Reform

The purpose of this study is to analyze the bureaucratic ethics of the Constitutional Court related to the objectives and constitutional values in the decisions of the Constitutional Court judges, as well as the role of bureaucratic reform based on Presidential Regulation Number 81 of 2010. The method used is a literature study. This method involves analyzing secondary data from Constitutional Court decisions, laws and regulations, and other scientific literature focusing on the research topic. The results showed that ethical violations by Constitutional Court judges are a serious challenge to the integrity of the Constitutional Court institution. After the amendment of the 1945 Constitution after the reform, the Constitutional Court became the highest judicial institution against corruption, collusion, and nepotism. Despite four amendments, legal irregularities in the Constitutional Court still occur, indicating that post-reform law enforcement has not been optimal. The main challenge is the inability of the bureaucracy to serve the public interest. The importance of bureaucratic reform is illustrated by the need to improve the integrity of the Constitutional Court, rebuild public trust, and ensure that this institution continues to function as a justice enforcer that serves the public interest.

Constitutional values and legal regulation of labor relations

The article examines individual issues of the influence of constitutional principles and constitutional provisions guarantees of the implementation of human rights on the current labor legislation. Based on the constitutional and legal understanding of values, the features of the content of guarantee norms in the Constitution of the Republic of Moldova are determined, and a comparison of constitutional norms, constitutional values and constitutional principles. on this basis, the content of labor legislation is analyzed, including the norms of the labor code of the Republic of Moldova, which enshrines the principles of legal regulation of labor relations. Constitutional values are also considered in interdependence with the content of individual norms of the European and international standards governing human labor rights. A number of conclusions are formulated regarding the importance of taking into account constitutional values in rule-making in the field of labor and labor protection. Proposals have been made to improve the effectiveness of current legislation, taking into account the influence of constitutional norms and constitutional values on sectoral labor legislation.

Constitutional Values And Judges Morals In The Decision of The Constitutional Court Number 90/PUU-XXI/2023: Review of The Flow of Natural Law

The decision of the Honorary Council of the Constitutional Court stated that the Constitutional Court judges who examined case Number 90/PUU-XXI/2023 were proven to have violated the right to refuse. The right to refuse is part of the independent and impartial principle of the Constitutional Court. There has been a conflict of interest between the norms being tested and the Constitutional Court judges. Conflicts of interest are constitutional and moral violations. What are the juridical consequences of Constitutional Court Decision Number 90/PUU-XXI/2023 which violates the constitution and morals from the perspective of natural law philosophy? This research uses a normative juridical research method with a conceptual approach, a statutory approachs and a case approach. The results of the discussion have found that in the MKMK decision that the judge consciously and deliberately ignored constitutional principles regarding the right to refuse in Law Number 48 of 2009 concerning Judicial Power. Overruling the right to refuse is tantamount to overruling constitutional principles. Judges place constitutional values in practice as semantic values. Apart from that, there was a moral violation which was assessed by the lack of awareness not to review case Number 90/PUU-XXI/2023 due to a conflict of interest. Awareness comes from conscience and is closely related to integrity, independence and impartiality. The integrity of judges as enforcers and guardians of the constitution is at stake. Moral and legal principles in the constitution are two things that go hand in hand in natural law philosophy.

Przerywanie ciąży (aborcja) w świetle orzecznictwa polskiego Trybunału Konstytucyjnego

The purpose of this study is primarily to analyse the jurisprudence of the Polish Constitutional Tribunal regarding the compliance with constitutional norms of the conditions for the admissibility of termination of pregnancy (abortion). The Constitution of the Republic of Poland provides every person with legal protection of life. Although its provisions do not explicitly specify that it is about the legal protection of life from conception to natural death, this type of interpretation seems to be adopted by the Constitutional Tribunal, which results in subsequent judgments on the assessment of compliance with this constitutional model of the conditions for the admissibility of abortion in Poland. In its jurisprudence, the Constitutional Tribunal first drew attention to the constitutional guarantees for the protection of human life at every stage of its development, and thus questioned the admissibility of termination of pregnancy due to difficult living conditions or the difficult personal situation of a pregnant woman, as well as in the case when prenatal examinations or other medical conditions indicate a high probability of severe and irreversible impairment of the fetus or an incurable disease threatening its life. In this context, however, it is worth noting that abortion is permissible when a high probability of severe and irreversible impairment of the fetus or an incurable disease threatening its life simultaneously poses a substantial risk to the life and health of the mother. The analysis of the jurisprudence of the Constitutional Tribunal therefore allows to formulate a conclusion on the conservative and restrictive approach of this body regarding the conditions for the admissibility of abortion in Poland and the recognition of the legal protection of life as a cardinal constitutional value of the Polish legal system.

Balancing Governance and Rights: The Interplay Between Constitutional and Administrative Law

This paper explores the intricate relationship between Constitutional and Administrative Law and their combined impact on the governance and administrative capacity of a state. It delves into the foundational principles of Constitutional Law, such as the separation of powers, the rule of law, and the protection of fundamental rights, which provide the framework for democratic governance and the safeguarding of individual liberties. Concurrently, it examines the Administrative Law framework, focusing on the regulatory powers and procedural mechanisms that govern the activities of administrative agencies. A significant portion of the analysis is dedicated to the dynamic interplay between these two branches of law, emphasizing how constitutional mandates guide administrative actions and ensure adherence to principles of justice, equity, and transparency. The discussion extends to the mechanisms of legislative oversight, executive control, and judicial constraints, highlighting their roles in maintaining a balance between efficient governance and the protection of individual rights. Through this comprehensive examination, the paper sheds light on the essential balance that must be struck to ensure that governance mechanisms are both effective and respectful of the constitutional values that underpin democratic societies.

The Role of Pancasila Ideology in the Development of the Constitution and Legal System in Indonesia

Pancasila is the unity and unity of the Indonesian nation with the function of being the basis for carrying out government administration and regulating the state structure as a whole. Pancasila is a national symbol that functions as the basis for carrying out government administration and regulating people's daily lives. The Pancasila ideology helps shape the character of a nation that is honest, disciplined, thinks critically, is responsible, is fair, loves the country, is tolerant, embraces each other and has high social awareness. Constitutional Court decisions that reflect constitutional values ensure a reexamination of the 1945 constitution and often lead to conflicting situations such as disagreements over election results that must be resolved by all parties involved. The Constitution has the responsibility to make the first and final decisions regarding changes to laws relating to the 1945 Constitution. The aim of this research is to determine the role of the Pancasila Ideology in the Development of the Constitution and Legal System in Indonesia. This research uses the literature review method, which is research carried out by collecting library data, or research through various sources of information. The results and discussion in this research Pancasila is an ideology or guideline for Indonesian society and the laws that apply in Indonesia must be based on the 1945 Constitution. The Constitution is the foundation of the government and its implementation requires a thorough understanding of the social background and long-term goals of a country. Therefore, the philosophical basis of the constitution must be clear and consistent with the wishes of the government, which basically reflects the wishes of the people. It can be concluded that Pancasila contains values that can be implemented by the Indonesian people. In Pancasila there are the values of norms, ethics and moral behavior. Meanwhile, the 1945 Constitution contains a legal basis in written form. The laws that apply in Indonesia must be in accordance with the 1945 Constitution. The law has a high position, therefore every Indonesian citizen must comply with all applicable laws and will receive sanctions if Indonesian citizens commit deviations.

Negative and positive freedom of a client as social work values

The article aims to present the freedom of the social work client as a constitutive value of this profession and to analyse its two fundamental aspects: negative and positive freedom. Negative freedom, understood here as the client's self-determination, is the dimension of freedom which, on the one hand, must be respected but simultaneously restricted, and its restriction by a social worker is ethically permissible in certain situations. Positive freedom conceptualised here as liberation, is that dimension of freedom that is the ultimate goal of the social worker’s activities and, therefore, essential to define this profession. Due to the importance of the client's self-determination for social work, the article pays special attention to two aspects of the client's self-determination: voluntary use of support and active participation in the assistance process, as well as paternalism as an attitude limiting the client's freedom. The conclusion draws attention to the proper education of future social workers as part of their preparation to respect and promote the freedom of clients.