Results 11 to 20 of about 173,307,909 (292)

The Principle of Proportionality

open access: yes, 2013
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so.
Hulsroj, Peter,
openaire   +2 more sources

A Bayesian Improvement of the Proportionality Principle

open access: yesRatio Juris, 2022
AbstractThe principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight formula has been the most advanced approach in structured balancing of proportionalitystricto sensu, while this paper shows it as still too ...
Pečarič, Mirko, Mirko Pecaric
openaire   +2 more sources

The Principle of Proportionality and the Billerud Ruling

open access: yesCroatian 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

ON HISTORICAL AND THEORETICAL ORIGINS OF THE PROPORTIONALITY PRINCIPLE [PDF]

open access: yesIustinianus Primus Law Review, 2012
During the second half of the XXth century, the proportionality principle gradually emerged as an omnipresent and important instrument of judicial interpretation, in all sorts of contexts.
Dobrinka Taskovska
doaj   +1 more source

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. This
Antonio BARONE   +1 more
doaj   +4 more sources

The Meaning of “Principle of Proportionality”

open access: yesCzech Journal of Political Science/Politologický časopis, 2000
Rein Taagepera, leading American political scientist, offers a brief outline on the topic of possible variants of PR principle. He mainly uses a method of comparison between majoritarian and proportional principles. He characterizes under what conditions the PR principle acquires some of the features of its counterpart and vice versa.
Taagepera, Rein
openaire   +2 more sources

The Principle of Proportionality in Modern Ius Gentium

open access: yesUtrecht 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   +1 more source

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 Principle of Proportionality in International Law: Foundations and Variations [PDF]

open access: yes, 2017
Originally based upon the principle of equity, proportionality is predominantly used in the field of human rights protection, the use of force and countermeasures, humanitarian law, maritime boundary law, trade law and investment protection.
Rachel Liechti-McKee   +9 more
core   +1 more source

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