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Challenging the principle of proportionality

Journal of Medical Ethics, 2016
The first objective of this article is to examine one aspect of the principle of proportionality (PP) as advanced by Alan Gewirth in his 1978 book Reason and Morality. Gewirth claims that being capable of exercising agency to some minimal degree is a property that justifies having at least prima facie rights not to get killed. However, according to the
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Principle of proportionality in genomic data sharing

Nature Reviews Genetics, 2015
We propose that a principle of proportionality be applied to genomic data that weighs the depth of data (what is shared) against the breadth of sharing (with whom).
Caroline F, Wright   +2 more
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The Principle of Proportionality [PDF]

open access: possible, 2006
Recent policy initiatives within the harmonization of European company laws have promoted a so-called "principle of proportionality" through proposals that regulate mechanisms opposing a proportional distribution of ownership and control. We scrutinize the foundation for these initiatives by analyzing the use of instruments to separate ownership from ...
Bennedsen, Morten   +1 more
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Principle of Proportionality and The Principle of Reasonableness

Review of European Administrative Law, 2020
This paper examines a principle of particular relevance for administrative action and the concept of good administration, namely the principle of reasonableness, at the EU level, from the point of view of the Italian administrative doctrine, and jurisprudence of the Council of State.
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Locke’s Principle of Proportionality

Archiv für Geschichte der Philosophie, 2019
Abstract Locke’s principle of proportionality – among his most important contributions to philosophy – states that we ought to apportion our assent to a given proposition in accord with the probability of that proposition on an adequate body of evidence. I argue that treatments of Locke’s principle fail to avoid interpreting it as a
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The Principles of Majority and Proportionality

British Journal of Political Science, 1971
It is only in connection with electoral law that the terms ‘majority principle’ and ‘proportionality’ are widely used. It seems to us meaningful to apply the two concepts also to the political decision-making process as a whole. In this broadened sense ‘majority principle’ and ‘proportionality’ denote certain models of conflict regulation. The majority
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The Principle of Proportionality

2018
The principle of proportionality is the most oft-invoked and, in terms of its role in constitutional adjudication, the most influential principle of EU law. The principle was developed in continental legal systems, especially in Germany and France, in the twentieth century.
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The Principle of Asymptotic Proportionality

Journal of Applied Mechanics, 1990
The Principle of Asymptotic Proportionality, which is based on the Green’s function method for equilibrium problems, is proposed. Using this principle, the induced far-field variable due to any distribution of applied physical quantities can be approximated.
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Principle of Proportionality as Principle of Economic Efficiency

European Law Journal, 2013
AbstractThe principle of proportionality is at the cornerstone of EU law, and precisely of the case‐law of the European Court of Justice (ECJ).In the law and economics literature, the general principles of law are commonly opposed to legal rules in terms of efficiency.
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State Intervention and Principle of Proportionality

2021
The main theories of state intervention and the Principles of Proportionality and Subsidiarity are critically appraised in this chapter. Neofunctionalism, intergovernmentalism and postfunctionalism are the three theories of state intervention discussed, followed by an overview of the nature of state intervention in planned and free market economies ...
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