Results 11 to 20 of about 181,697 (356)

Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures

open access: yesTeisė, 2022
This article analyzes the application of the principle of proportionality in the context of interim measures. The study reveals how and to what extent is the principle of proportionality regulated by law in the application of interim measures.
Artur Doržinkevič
doaj   +2 more sources

The Principle of “Ultima Ratio” And/Or the Principle of Proportionality

open access: yesOñati Socio-Legal Series, 2012
The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the other hand.
Rudolf Wendt
doaj   +4 more sources

Regulation of InsurTech: Is the Principle of Proportionality an Answer? [PDF]

open access: yesRisks, 2021
In the view of the current discussion on how to regulate the emerging InsurTech companies, if at all, the author attempts to demonstrate that rather than automatically introducing new regulation, the principle of proportionality can, in most cases, help ...
Marta Ostrowska
doaj   +4 more sources

The European ‘Nomofilachia’ and the Principle of Proportionality

open access: yesTransylvanian 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

A Study on the Principle of Proportionality

open access: goldJournal of Constitutional Justice, 2015
정주백
openalex   +3 more sources

The principle of overall proportionality is the basis for determining proportionate punishment in multiple offences [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, 2022
The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with ...
Ebrahim ZARE
doaj   +1 more source

The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2023
The principle of proportionality in criminal law is considered one of the fundamental principles, which entails determining punishments that correspond to the social harm caused by the crime.
Elham Heidari
doaj   +1 more source

Prinsip Proporsionalitas dalam Putusan Mahkamah Konstitusi (Studi Perbandingan di Indonesia dan Jerman)

open access: yesJurnal Konstitusi, 2021
The judicial review of UUD 1945 is the authority of the Constitutional Court declared by Article 24C UUD NRI 1945. One of the reasons for judicial review is competiting rights or the constitutional rights of citizens who have been violated through ...
Irene Angelita Rugian
doaj   +1 more source

The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries

open access: yesJournal of Indonesian Legal Studies, 2023
The existence of anti-pornography laws protects the younger generation from being polluted by pornography. However, there is criticism of the formulation of criminal sanctions in the anti-pornography law.
S. Sulistyanta   +3 more
semanticscholar   +1 more source

A Comparative Study on the Concept, Nature and Conditions of Proportionality in International Humanitarian Law and Islamic Law [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2018
The principle of proportionality is codified as a customary rule in the Additional Protocol 1 and the statute of International Criminal Court as well. However, its concept, nature and conditions for exercise are subject to some ambiguities. Under Islamic
abbasali azemy   +1 more
doaj   +1 more source

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