The principle of proportionality
The Principle of Proportionality: The Challenges of Human Rights
... the principle of proportionality were just a balance between the “weight” of the right and that of the reasons that have led the legislator to decide to restrict such right, then, ultimately, that human ...
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The Principle of Proportionality in International Criminal law
... The principle of proportionality indicated to, are that the criminal codes should contain for crime or category of ...the principle of proportionality is not obvious in substantive ...
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The formal and substantive functions of the principle of proportionality
... the principle of proportionality can also contribute to a softening of the tensions between democracy and ...the principle of proportionality strengthens the legitimacy of judicial decisions ...
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The Principle of Proportionality in the Jurisprudence of the Court of Justice of the European Union
... The principle of proportionality … requires that the prohibitory measures are appropriate and necessary in order to attain the objectives legitimately pursued by the legislation in question, when there is a ...
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The Principle of Proportionality in European Union Law as a Prerequisite for Penalization
... the principle in ...the principle of proportionality in the case law of the European Court of Justice, it must be noted that, in terms of chronology, this princi- ple appeared in European law (then: ...
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The Principle of Proportionality and the Protection of Legal Interests (Verhältnismäßigkeit und Rechtsgüterschutz)
... the principle of proportionality is ambiguous in the law of the European ...general principle, it has been developed as a limitation to acts of the Union interfering with fundamental rights of the ...
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The Principle of Proportionality of Punishment in Criminal Law: An Appraisal of the Ethiopian Anti-Terrorism Law
... 5.3. Punishment of property terrorist offences The prescription of punishments for property terrorist offences is the other critical shortcoming of this specific law. Article 3 of the proclamation vividly shows the ...
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Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality
... Conclusions. The future of the concept When analysing the case law regarding the review of the exercise of discretionary powers, it is evident that the classic concept of abuse of powers has clearly lost its sig- ...
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Environmental Licensing Vs. Equitable and Sustainable Development: The Incidence of the Principle of Proportionality as a Weighing and Choice Instrument in the Brazilian Judicial System
... the Principle of Proportionality in the act of weighing constitutionally protected interests, where the particularities of the concrete case must be analyzed in order to verify which institute should ...
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Karlsruhe über alles? The reasoning on the principle of proportionality in the judgment of 5 May 2020 of the German BVerfG and its consequences
... On the substance, however, it is an attempt (clumsy and ill-concealed!) to lecture the Court of Justice of the European Union on what the principle of proportionality is and how it should be applied. A few ...
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Marta Michałek, Fishing Expeditions and Subsequent Electronic Searches in the Light of the Principle of Proportionality of Inspections in Competition Law Cases in Europe
... Several problems can be observed when it comes to the conduct of inspections in the framework of competition law in Europe. These relate, inter alia, to the right to defence, including the privilege against ...
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Applying the Principle of Proportionality to the War on Terror
... of proportionality and necessity are inter- linked because a war or an attack cannot be proportional if it was unneces- ...The proportionality requires the use of defensive force to repel an ...230 ...
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The Principle of Proportionality as the Limit of the sanctioning Power of State Authority
... El problema se encuentra enmarcado dentro del ámbito del derecho disciplinario, haciendo relación a la proporcionalidad de la sanción disciplinaria que se imponen como consecuencia de[r] ...
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The European Court of Human Rights on the Principle of Proportionality in “Russian” Cases
... the proportionality is its form and place in the text of ...on proportionality and case-law of ECtHR it has “thinly veiled form” 5 ...the principle which is not containing in a positive law, would ...
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Legitimacy and the Limits of Regulatory Measures: The Margin of Appreciation and the Principle of Proportionality in Investment Treaty Arbitration
... Legitimacy is not an absolute standard; it is a matter of degree. 98 Norm legitimacy, furthermore enhance the prospects for compliance by invoking characteristics “broadly related to „fairness‟.” 99 In their classic work ...
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Autonomous Weapons in Humanitarian Law: Understanding the Technology, Its Compliance with the Principle of Proportionality and the Role of Utilitarianism
... core principle of ‘proportionality’, which is fundamentally a utilitarian concept – requiring that any gain derived from an attack outweighs the harm ...on proportionality, albeit subjective, there ...
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Indirect Expropriation and the Application of Principle of Proportionality : the Role of ICSID Tribunals
... Furthermore, proportionality principle also considered as an important device for judges to check the regulatory measures of the ...that proportionality principle as the suitable ...
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Mitigations: The Forgotten Side of the Proportionality Principle
... These three distinct inquiries ought to be included in assessing whether an offender is entitled to a mitigation: the psychic state inquiry (to what extent was the offender acting under [r] ...
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Quong on Proportionality in Self-defense and the “Stringency Principle”
... “stringency principle” will be unable to adjudicate any substantive questions about proportionality in ...stringency principle” in order to calculate the stringency of the victim’s right against the ...
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The Proportionality Principle in the Humanitarian Law of Warfare: Recent Efforts at Codification
... Article 50 of the Conference's Protocol I provides in part that a party shall not launch attacks which may be expected to cause civilian losses that would be exc[r] ...
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