Results 11 to 20 of about 173,210 (296)
The Principle of Proportionality in Modern Ius Gentium
Utrecht Journal of International and European Law, 2021 The principle of proportionality refers to the criteria for fair and optimal balancing of interests. It is widely applied to international disputes and has gained institutional and scholarly acceptance in the field of international law.
Talya Ucaryilmaz
doaj +8 more sources
The Principle of Proportionality and the Billerud Ruling
Croatian Yearbook of European Law and Policy, 2017 The paper approaches the problematic related to the role played by the proportionality principle in the case law of the Court of Justice of the European Union, through the lens of the Billerud case. When conducting the proportionality analysis, the Court
Ana-Marija Čičak
doaj +4 more sources
The European ‘Nomofilachia’ and the Principle of Proportionality
Transylvanian Review of Administrative Sciences, 2009 *The European Court of Justice greatly contributes to the guarantees that Community law will be uniformly interpreted and applied (“nomofilachia”) and the rights which individuals derive from the Community legal order will be effectively protected.
Antonio BARONE +1 more
doaj +2 more sources
Proportionality in Constitutional and Human Rights Interpretation [PDF]
, 2013 In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the ...
Flores, Imer
core +3 more sources
PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE
RUDN Journal of Law, 2017 The principle of proportionality is one of the fundamental legal principles defining the limits of state authority. The principle of proportionality, among other things, is the basis of legal responsibility and ensures the justice of the punishment being
Alexander A Bazhanov
doaj +1 more source
THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]
Challenges of the Knowledge Society, 2022 The proportionality is a general principle of law, signifying the ideas of balance, justice, responsibility and the needed adequate suiting of the measures adopted by the State to the situation in fact and to the purpose aimed by the law.
Marius ANDREESCU, Andra PURAN
doaj
The formal and substantive functions of the principle of proportionality [PDF]
, 2015 This paper focuses on the principle of proportionality as a unique technique used in arguing judicial decisions dealing with fundamental rights disputes. I will contest that the principle of proportionality offers fixed steps of examination and makes the
Pozsár-Szentmiklósy, Zoltán
core +2 more sources
Distributive justice for aggressors [PDF]
, 2020 The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute ...
Tomlin, Patrick
core +1 more source
Правоприменение, 2021 The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it
I. A. Vasilyev
doaj +1 more source
Help! Virtue Profiles and Horses for Courses [PDF]
, 2021 Glen Pettigrove addresses the proportionality principle in ethics, the principle that “our actions, attitudes, or emotions should be proportional to the degree of value present in the object or events to which they are responding” [p. 1]. He argues this
Lumsden, David, Ulatowski, Joseph
core +1 more source