Constitutional Issues Research Articles

The control of constitutional reforms in Colombia: challenges and opportunities in democratic consolidation

In this text, we seek to present in a dynamic manner, the way in which constitutional control, which is exercised by the Constitutional Court in Co- lombia, with regard to constitutional reforms, demarcating the complexity and non-uniformity with which the controls have been generated, causing the law to change by virtue of the content of these decisions. Likewise, a finding was established, relevant for those interested in constitutional issues, related to the assessment of the strategies established by the constituent, in order to maintain the integrity and stabilization of the Constitution, in the case of re-election. presidential in Colombia

Identifying anisotropic structural features beneath the human nail with differential polarization parameters

In this work, we report a method of identifying anisotropic structural features beneath the nail with differential polarization parameters. First the form of the differential Mueller matrix of medium in terms of the average and the fluctuation parameters of the differential polarization parameters in backscattering configuration is derived. The results are then employed to identify anisotropic structures beneath the human nail. For the first time, to our knowledge, it was found that collagen fibrils of the layers of epidermal cells of nail bed, the layers of actively dividing cells of the stratum germinativum of nail matrix, and the longitudinal striations in nail root can be related to the covariance of the linear birefringence along the x-y laboratory axes and the 45°axes. Although some tissue constituents can be observed in images of both macroscopic and differential parameters, the tissue components revealed by differential polarization parameters cannot be discerned in any image of the macroscopic parameters.

The State of the Art in Transcriptomics and Proteomics of Clinically Relevant Sporothrix Species.

Proteomics provide a robust approach to profile and quantify proteins within cells, organs, or tissues, providing comprehensive insights about the dynamics of cellular processes, modifications, and interactions. Similarly, understanding the transcriptome is essential to decipher functional elements of the genome, unraveling the mechanisms of disease development and the molecular constituents of cells and tissues. Some thermodimorphic fungi of the genus Sporothrix cause sporotrichosis, a subcutaneous mycosis of worldwide relevance. The transcriptome and proteome of the main Sporothrix species of clinical interest can elucidate the mechanisms underlying pathogenesis and host interactions. Studies of these techniques can contribute to the advancement of novel diagnostic and therapeutic strategies. A literature review was carried out, addressing all articles based on proteomics using mass spectrometry and transcriptomics of Sporothrix spp. Twenty-one studies were eligible for this review. The main findings include proteins and genes involved in dimorphism, cell differentiation, thermotolerance, virulence, immune evasion, metabolism, cell adhesion, cell transport, and biosynthesis. With the spread and emergence of sporotrichosis in different countries, ongoing research efforts and new discoveries are welcome to advance knowledge about this mycosis and its agents.

A homogenized constrained mixture model of cardiac growth and remodeling: analyzing mechanobiological stability and reversal.

Cardiac growth and remodeling (G&R) patterns change ventricular size, shape, and function both globally and locally. Biomechanical, neurohormonal, and genetic stimuli drive these patterns through changes in myocyte dimension and fibrosis. We propose a novel microstructure-motivated model that predicts organ-scale G&R in the heart based on the homogenized constrained mixture theory. Previous models, based on the kinematic growth theory, reproduced consequences of G&R in bulk myocardial tissue by prescribing the direction and extent of growth but neglected underlying cellular mechanisms. In our model, the direction and extent of G&R emerge naturally from intra- and extracellular turnover processes in myocardial tissue constituents and their preferred homeostatic stretch state. We additionally propose a method to obtain a mechanobiologically equilibrated reference configuration. We test our model on an idealized 3D left ventricular geometry and demonstrate that our model aims to maintain tensional homeostasis in hypertension conditions. In a stability map, we identify regions of stable and unstable G&R from an identical parameter set with varying systolic pressures and growth factors. Furthermore, we show the extent of G&R reversal after returning the systolic pressure to baseline following stage 1 and 2 hypertension. A realistic model of organ-scale cardiac G&R has the potential to identify patients at risk of heart failure, enable personalized cardiac therapies, and facilitate the optimal design of medical devices.

Computational homogenization of histological microstructures in human prostate tissue: Heterogeneity, anisotropy and tension-compression asymmetry.

Human prostatic tissue exhibits complex mechanical behaviour due to its multiphasic, heterogeneous nature, with hierarchical microstructures involving epithelial compartments, acinar lumens and stromal tissue all interconnected in complex networks. This study aims to establish a computational homogenization framework for quantifying the mechanical behaviour of prostate tissue, considering its multiphasic heterogeneous microstructures and the mechanical characteristics of tissue constituents. Representative tissue microstructure models were reconstructed from high-resolution histology images. Parametric studies on the mechanical properties of the tissue constituents, particularly the fibre-reinforced hyper-elasticity of the stromal tissue, were carried out to investigate their effects on the apparent tissue properties. These were then benchmarked against the experimental data reported in literature. Results showed significant anisotropy, both structural and mechanical, and tension-compression asymmetry of the apparent behaviours of the prostatic tissue. Strong correlation with the key microstructural indices such as area fractions of tissue constituents and the tissue fabric tensor was also observed. The correlation between the stromal tissue orientation and the principal directions of the apparent properties suggested an essential role of stromal tissue in determining the directions of anisotropy and the compression-tension asymmetry characteristics in normal human prostatic tissue. This work presented a homogenization and histology-based computational approach to characterize the apparent mechanical behaviours of human prostatic or other similar glandular tissues, with the ultimate aim of assessing how pathological conditions (e.g., prostate cancer and benign prostatic hyperplasia) could affect the tissue mechanical properties in a future study.

Sound speed and attenuation of human pancreas and pancreatic tumors and their influence on focused ultrasound thermal and mechanical therapies.

There is increasing interest in using ultrasound for thermal ablation, histotripsy, and thermal or cavitational enhancement of drug delivery for the treatment of pancreatic cancer. Ultrasonic and thermal modelling conducted as part of the treatment planning process requires acoustic property values for all constituent tissues, but the literature contains no data for the human pancreas. This study presents the first acoustic property measurements of human pancreatic samples and provides examples of how these properties impact a broad range of ultrasound therapies. Data were collected on human pancreatic tissue samples at physiological temperature from 23 consented patients in cooperation with a hospital pathology laboratory. Propagation of ultrasound over the 2.1-4.5MHz frequency range through samples of various thicknesses and pathologies was measured using a set of custom-built ultrasonic calipers, with the data processed to estimate sound speed and attenuation. The results were used in acoustic and thermal simulations to illustrate the impacts on extracorporeal ultrasound therapies for mild hyperthermia, thermal ablation, and histotripsy implemented with a CE-marked clinical system operating at 0.96MHz. The mean sound speed and attenuation coefficient values for human samples were well below the range of values in the literature for non-human pancreata, while the human attenuation power law exponents were substantially higher. The simulated impacts on ultrasound mediated therapies for the pancreas indicated that when using the human data instead of the literature average, there was a 30% reduction in median temperature elevation in the treatment volume for mild hyperthermia and 43% smaller volume within a 60°C contour for thermal ablation, all driven by attenuation. By comparison, impacts on boiling and intrinsic threshold histotripsy were minor, with peak pressures changing by less than 15% (positive) and 1% (negative) as a consequence of the counteracting effects of attenuation and sound speed. This study provides the most complete set of speed of sound and attenuation data available for the human pancreas, and it reiterates the importance of acoustic material properties in the planning and conduct of ultrasound-mediated procedures, particularly thermal therapies.

Effect of Probiotic Yeast, Sacchromyces cerevisiae on Tissue Biochemical and Carotenoid Variation in Freshwater Ornamental Fish Carassius auratus (Linnaeus, 1758)

The present work aims at assessing Bakers’s yeast, Saccharomyces cerevisiae as an efficient and eco-friendly probiotic feed additives for ornamental fish, Carassias auratus. For this study an indoor culture experiment was carried out 300l plastic trough containing 200l water in triplicate. In each tank five fishes at fingerlings stage (1.58 ± 0.14g) were reared for a period of 30 days. An uniform water quality parameters such as temperature (28.0 ± 1.0 0C), pH (7.60 ± 0.12), dissolved oxygen (4.80 ± 0.82mg/l) and ammonia (< 0.08 mg/l) were maintained. The results inferred that, the percentage increase in the biochemical constituents in both skin and muscle tissue of C. auratus received 2% yeast added diet (EDY2) registered higher values when compared to control and other experimental diets fed fishes. The total carotenoid content in the acetone extracted skin tissues of C. auratus fed with 2% yeast supplemented diet varied from 0.748+ 0.042 in 0 day to 0.944 + 0.014 µg/g wet tissue on 30th day of experiment. Likewise, in the muscle tissue of C. auratus extracted with acetone, the total carotenoid varied from 0.376+0.014 (0 day) to 0.541 + 0.008 µg/g wet tissue (30 day). The carotenoid content of both the tested tissues on methanol extract was low, when compared with acetone extract. The overall results inferred that S. cerevisiae supplementation @ 2g/ 100g diet distingly altered the carcass composition of C. auratus and also the accumulation of cartenoids in skin and muscle tissues. S. cerevisiae contains bioactive lead molecules, which accelerated the vital physical and metabolic activities in host fish species.

The Supreme Court in Modi’s India

Twenty-first-century elected right-wing regimes share many similarities apart from being led by “authoritarian populists” who centralize power in themselves and represent ethnic or religious majorities at the expense of other citizens. Since higher judiciaries are key to ensuring executive accountability and the separation of powers in a liberal democratic constitutional setup, they are on the front lines of authoritarian attempts at institutional capture. Unlike earlier dictatorships that suspended existing constitutional protections or imposed martial law, current authoritarian regimes maintain a semblance of legality and constitutionalism while in practice attempting to remake the judiciary in their own image. This phenomenon has been variously termed “autocratic legalism,” “abusive constitutionalism,” and “populist constitutionalism.”In this article, I look at how the Indian Supreme Court (SC) has responded to executive incursions under the Narendra Modi regime since 2014. Even today, the court continues to deliver important democracy-enhancing judgments, breaking away from India’s colonial inheritance in matters like criminalizing same-sex relationships and adultery. However, the last decade is strongly marked by two features: first, an unwillingness to hear major constitutional issues that might challenge the regime; and second, judgments that serve as an advertorial for the regime, reinforcing an antiminority ideological orientation, justifying the government’s actions, and promoting Modi’s personality cult. By outsourcing several political decisions to a seemingly disinterested and neutral judiciary, the Modi government has been far more successful than it would have been if it had imposed those decisions purely by legislative majority. In turn, by addressing a variety of political issues as purely legal matters and not addressing them as constitutional questions, the courts have collaborated in the delegitimization of dissent and reinforced the claims of the Modi regime.

FORM OF CONSTITUTIONAL RIGHTS OF WIFE AND CHILDREN AS VICTIMS OF SIRRI POLYGAMY

The phenomenon of sirri polygamous marriages, or without the permission of a legal wife and without the permission of the Religious Courts, common in Banjar Regency, South Kalimantan Province, still raises arguments for and against. Originally the meaning of sirri marriage was intended for the case where the conditions of marriage were not met, but now it has been extended to marriages that meet the conditions but have not been registered with the religious affairs office (KUA) of the sub-sector for those who are Muslim. The purpose of the study was to elucidate the constitutional rights of wives and children who were neglected as victims of polygamous marriages in Banjar Regency. This research is a type of empirical legal research with statutory, case and conceptual approaches. The results of the analysis show that sirri polygamy has an impact in the form of constitutional losses for spouses and children. If a polygamous marriage has received permission from the first wife, then the sirri wife can be well received and does not receive social sanctions in society, as well as the children of sirri polygamy are well received and equal in society. Sociologically, a child of a qualifying sirri polygamous marriage is legitimate, so the legal relationship between the child and both parents is one of kinship and inheritance. The constitutional issue for children of sirri polygamous marriages takes the form of legal issues related to identity rights. This is inseparable from the usual factors in an area, where for the Banjar community children born in wedlock, whether Sirri or registered, are considered legitimate children.

Constitutional Issues of Stopping Health Insurance When Going Abroad and Re-Apply When Returning to Taiwan: Introduce of Constitutional Court’s Judgment Xian-Pan 19 of 2022

全民健保對於國人是非常重要的保障，但卻可能未曾注意過繳納保險費義務中的疑義。國人出國如符合全民健保法施行細則§37I②規定時，得辦理停保，而返國符合§39I②規定時，也應復保。憲法法庭111年憲判字第19號判決認為前開規定涉及人民之「管理自身健康風險之自主決定權」及「財產權」等重要權利義務，卻未以法律規範，違反法律保留原則，但未違反比例原則、平等原則。

과학기술의 발전에 따른 형사절차상 변화와 헌법적 쟁점

The development of science and technology has a wide range of impacts on the criminal procedure. First, once it is acknowledged that there is a lack of penalty regulations to the violation of legal right and interest using advanced technologies, a need to establish newly or improve the existing elements of a crime arises. Also, where there are penalty regulations but the existing investigation and trial method have a limitation in properly responding to the crimes of such kind, an attempt to adopt a new policy is sought on occasions. In addition, while science and technology are used to improve the efficiency of investigation or trial sometimes, the problem of the violation of basic human rights is often noticed in the course of discussion. With this background in mind, this paper examined the changes in the criminal procedure due to the development of science and technology and the constitutional issues related thereto. First, this paper looked into the impacts of science and technology on the criminal procedure, and then investigated the types of changes that are required in the criminal procedures with the commercialization of the advanced technologies, such as encryption and data anonymizationas well as autonomous driving technology. Furthermore, it explored the constitutional issues raised in the course of adopting advanced technologies such as artificial intelligence(AI), drone, robotics, internet of things(IoT), and extended realities(XR) in the criminal procedure.

재판소원의 금지와 원처분주의

If the Supreme Court applied the legal provisions declared unconstitutional by the Constitutional Court, as a Constitutional Court in order to quickly and efficiently relieve the fundamental rights of the people and at the same time secure the effectiveness of the unconstitutional decision, It would be necessary to cancel not only the Supreme Court's judgment but also the original administrative disposition at the same time. In order to file a constitutional complaint against not only administrative disposition but also court trials, in accordance with the principle of supplementation, the final judgment of the final trial is subject to judgment in principle. However, the res judicata of the court does not reach a direct constitutional issue, that is, a judgment on whether fundamental rights are violated in principle. The principle of supplementation only requests administrative disposition to preferentially receive relief from rights through court trials. And it cannot be immediately concluded that even a constitutional complaint against the original administrative disposition itself that caused the trial was excluded from the legal text “excluding judgment of the courts.” There is no reason to deny the constitutional complaint against the original administrative disposition if the court has caused the irrevocable result of the judgment that used the original administrative disposition as the subject of judgment. The judgment of dismissal of the retrial is because the only procedure in which the judgment subject to retrial can be canceled was blocked by denying the binding force of the limited unconstitutional decision. The attitude of the current Constitutional Court Act on constitutional complaints does not deny the constitutional complaint against the original administrative disposition in accordance with principle of the original disposition of the revocation suit. It would be reasonable to regard the exclusion of trials from the subject of constitutional complaints in principle as prohibiting only constitutional complaints against the trial itself. Constitutional complaint against the ruling on the administrative appeal is illegal unless the ground is that the ruling itself has a unique reason for unconstitutionality. However, if a constitutional complaint is filed against the ruling itself due to its own reasons for unconstitutionality and illegality, it can be argued by filing a revocation suit, making it illegal against the principle of supplementation.

재건축부담금의 헌법적 문제에 관한 검토

재건축부담금의 헌법적 문제에 관한 검토

The Image of Sultan Abdul Hamid II in the Arabic Sources (A Study of his Policy towards the Constitutional Issue and the Palestinian Issue, 1876-1909)

This study sheds light on the position of the Arab sources on the policy of the Ottoman Sultan Abdul Hamid II regarding the constitutional issue and the Palestinian cause. Specific examples were selected from the Arabic sources that reflect different points of view on the positions of Sultan Abdul Hamid II, and the most important issues of his time, such as his positions on the constitutional issue and the Palestinian cause, and the most important challenges he faced. The study relied on the historical, descriptive, and analytical method based on collecting the historical scientific material from its original sources, and then analyzing and using it in the formulation of historical events, as well as documenting it in a systematic historical manner.

Siyāsah syar’iyyah and Its Application to Constitutional Issues in Indonesia

Siyāsah syar’iyyah Islamic law politics) is a political doctrine in Islam based on revealed values (sharia), which in practise constructs state laws to regulate, control, manage, and administer the governance and politics of an Islamic nature. This aims to achieve welfare and avoid harm without violating the universal principles and provisions of sharia. This study aims to examine siyāsah syar’iyyah(Islamic law politics) towards constitutional issues in Indonesia. The method used is a literature study with a conceptual approach. Based on its nature, this research is descriptive, and the research data used is secondary. Based on the results of the study, it shows that siyāsah syar’iyyah is a type of siyāsah (Islamic law politics) constructed by the ruler (ulil amri). The formation of laws is based on religious moral values, which are applied to regulate life in society, nation, and state. Siyāsah syar’iyyah (Islamic law politics) can be a part of the application or implementation of constitutional issues in Indonesia that are ongoing, continuous, and will occur especially in the political year (2023-2024) as a barometer to assess whether these issues are categorized as Islamic (‘ādilah) or not (ẓālimah). For Indonesian Muslims in this contemporary era, siyāsah syar’iyyah has become a necessity

Smartphone‐based rapid and visual pathological diagnosis of glioma using perovskite probes

AbstractHistopathology plays a great role in diagnosing various diseases, which is considered as a golden standard for tumor identification. The tissue constituents must be stained by visible labels for microscopic analysis by medical experts. However, this process is time‐consuming, labor‐intensive, and expensive, which requires rapid pathological approaches for diagnosis in the operating room. Here, we present an easy‐to‐process and high‐performance perovskite biological probes for rapid and visual pathological diagnosis of glioma. Perovskite quantum dots can be encapsulated by the copolymer into nanocrystals (PNCs) with a diameter of 100 nm, which is modified with chlorotoxin to achieve the specific recognition of glioma. Benefiting from the super photoluminescence quantum yield (above 93%) of EVA@PNCs aqueous solution, the glioma can be clearly imaged and captured via a smartphone under the excitation of a handheld UV lamp. To demonstrate the visualization and efficiency of PNC probes, different malignant grades of brain tumor sections can be distinguished in no more than 5 min. This strategy provides a general auxiliary diagnosis platform for achieving the histopathology analysis near the operating bed, which is currently not feasible with standard histochemical staining methods.image

Ion channels involved in inflammation and pain in osteoarthritis and related musculoskeletal disorders.

Osteoarthritis (OA) is a currently incurable, chronic, progressive and debilitating musculoskeletal condition. One of its hallmark symptoms is chronic nociceptive and neuropathic pain, which significantly reduces the quality of life of OA patients. While research into the pathomechanisms of OA pain is ongoing and several pain pathways are well understood, the true source of OA pain remains unclear. Ion channels and transporters are key mediators of nociceptive pain. In this narrative review article, we summarize the state-of-the-art in relation to the distribution and function of ion channels in all major synovial joint tissues in the context of pain generation. We provide an update on the ion channels likely involved in mediating peripheral and central nociceptive pathways in the nervous system in OA pain, including voltage-gated sodium and potassium channels, members of the transient receptor potential (TRP) channel family, and purinergic receptor complexes. We focus on ion channels and transporters that have a potential to be candidate drug targets for pain management in OA patients. We propose that ion channels expressed by the cells of constituent tissues of OA-afflicted synovial joints including cartilage, bone, synovium, ligament and muscle, should be more thoroughly investigated and targeted in the context of OA pain. Based on key findings from recent basic research articles as well as clinical trials, we propose novel directions for the development of future analgesic therapies to improve the quality of life of OA patients.

Effect of Previous Frozen Storage and Coating Medium on the Essential Macroelement and Trace Element Content of Canned Mackerel.

The effect of previous frozen storage (-18 °C for 6 months) and different coating media (aqueous: water and brine; oily: sunflower, refined olive, and extra-virgin olive oils) on the essential macroelement and trace element content of canned Atlantic mackerel (Scomber scombrus) was studied. Previous frozen storage led to an increased (p < 0.05) content of canned samples of K (oil-coated samples) and Ca (all coating conditions) and to a decreased (p < 0.05) content of P (aqueous-coating samples) and S (water- and oil-coated samples). For trace elements, a content increase (p < 0.05) in Cu and Se (brine-canned samples) and Mn (water- and refined-olive-oil-coated samples) was detected in canned fish muscle with frozen storage. Concerning the coating effect, aqueous-coating samples showed lower (p < 0.05) Mg, P, S, K, and Ca contents than their corresponding oil-coated samples. For trace elements, lower average contents were found for Co, Cu, Mn, Se, and Fe in aqueous-coating fish muscle when compared to their counterparts coated in oily media. Content changes in the different elements in canned fish muscle are discussed based on interactions with other tissue constituents and modifications that such constituents undergo during processing (i.e., protein denaturation, liquor losses from the muscle, lipid changes).

Compression OCT-elastography combined with speckle-contrast analysis as an approach to the morphological assessment of breast cancer tissue.

Currently, optical biopsy technologies are being developed for rapid and label-free visualization of biological tissue with micrometer-level resolution. They can play an important role in breast-conserving surgery guidance, detection of residual cancer cells, and targeted histological analysis. For solving these problems, compression optical coherence elastography (C-OCE) demonstrated impressive results based on differences in the elasticity of different tissue constituents. However, sometimes straightforward C-OCE-based differentiation is insufficient because of the similar stiffness of certain tissue components. We present a new automated approach to the rapid morphological assessment of human breast cancer based on the combined usage of C-OCE and speckle-contrast (SC) analysis. Using the SC analysis of structural OCT images, the threshold value of the SC coefficient was established to enable the separation of areas of adipose cells from necrotic cancer cells, even if they are highly similar in elastic properties. Consequently, the boundaries of the tumor bed can be reliably identified. The joint analysis of structural and elastographic images enables automated morphological segmentation based on the characteristic ranges of stiffness (Young's modulus) and SC coefficient established for four morphological structures of breast-cancer samples from patients post neoadjuvant chemotherapy (residual cancer cells, cancer stroma, necrotic cancer cells, and mammary adipose cells). This enabled precise automated detection of residual cancer-cell zones within the tumor bed for grading cancer response to chemotherapy. The results of C-OCE/SC morphometry highly correlated with the histology-based results (r =0.96-0.98). The combined C-OCE/SC approach has the potential to be used intraoperatively for achieving clean resection margins in breast cancer surgery and for performing targeted histological analysis of samples, including the evaluation of the efficacy of cancer chemotherapy.

Student Extraneous Load Analysis in Online-Based Plant Tissue Structure Learning

This study aims to determine the cognitive load of students in online-based plant anatomy learning. The research was conducted at the Biology Education Study Program at a State University in Palembang, Indonesia. The research subjects were Biology Education students (n=73) who contracted the plant anatomy course. The instrument used to determine students' mental effort in understanding plant anatomy material is a questionnaire with a Likert scale with five answer choices: very easy (VE), easy (E), moderate (Md), difficult (D), and very difficult (VD). The aspects measured are (i) identifying the type of tissues and its characteristics by observing 2D and 3D images; (ii) analyzing the interrelationship of tissues structure and it function; (iii) identifying the structure of the constituent tissues in several plant organs, and (iv) spatial thinking related to the structure of plant tissues. The research data shows that the highest percentage in all aspects is in the medium category (MD), which ranges between (31.14% - 47.69%), which means that the learning carried out is not too burdensome for students in these four aspects. However, the data also shows that in the second aspect, namely the ability to analyze the relationship between structure and function, 31.64% of students stated that it was difficult. This is due to the complexity of the material related to the structure and function and the ineffectiveness of the media used in online-based learning