Results 11 to 20 of about 173,718 (296)

Regulation of InsurTech: Is the Principle of Proportionality an Answer?

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   +3 more sources

Precautionary proportionality principle as an instrumental preventive measure from the COVID-19: Can European human rights survive in the state of public health emergency? [PDF]

open access: yesPrzegląd Europejski, 2021
The authors believe that the C. Schmitt’s notion of unconstraint sovereignty is not flawless. Both A. Dicey’s theory of British constitutional law and the international human rights instruments have required the measures of the derogation of human rights
Jizeng Fan, Yuhong Wang
doaj   +1 more source

Impact of the Principle of Proportionality in Tax Law on the Jurisprudence of the Court of Justice of the European Union and the Supreme Administrative Court in Poland

open access: yesPublic Governance, Administration and Finances Law Review, 2018
The principle of proportionality in tax law as an EU and constitutional standard may play an important role in the interpretation of tax law. The principle of proportionality is associated with moderation of the activities of public authorities and ...
Artur Mudrecki
doaj   +1 more source

Proportionality in Constitutional and Human Rights Interpretation [PDF]

open access: yes, 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

open access: yesRUDN 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]

open access: yesChallenges 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]

open access: yes, 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

The principle of proportionality and strict liability of football clubs for the behavior of spectators at UEFA competitions

open access: yesПравоприменение, 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

Proportionality trumps gentleness: reforming Block’s evictionism (part I)

open access: yesRevista de Investigações Constitucionais, 2021
This paper argues against the most important theoretical foundations which Walter Block uses to defend his thesis that Evictionism legitimizes indirectly deadly evictions of a progeny while simultaneously forbidding abortion.
Cedric John Ayres
doaj   +1 more source

The Principle of Proportionality: Foregoing/Withdrawing Life Support

open access: yesSouth African Family Practice, 2005
No abstract available.
D. Knapp van Bogaert, G.A. Ogunbanjo
doaj   +1 more source

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