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The Principle of Proportionality
2017IMPORTANCE OF THE PRINCIPLE OF PROPORTIONALITY FOR EU CIVIL LAW: SOME GENERAL REMARKS “HARD LOOK” IN REVIEWING OF NATIONAL MEASURES The principle of proportionality as a constitutional principle of EU law – including EU civil law – was first developed to justify restrictions by Member States on free movement under the public policy or general ...
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Proportionality: A Matter of Principle
SSRN Electronic Journal, 2012Ronald Dworkin is an author who has been relied upon by many European lawyers and thinkers alike lately. However, some critics have called his theory 'parochial', suggesting that it could not be applied outside the United States (and perhaps Great-Britain).
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The Principle of Proportionality
European Procurement & Public Private Partnership Law Review, 2022openaire +2 more sources
Modelling the Principle of Proportionality (German)
SSRN Electronic Journal, 2011The novel part of this paper is a model of the principle of proportionality, as the cornerstone of the doctrine of fundamental rights. German law, and with some modifications also the law of the European Community and the European Convention on Human Rights, do not categorically outlaw interventions into fundamental freedoms and human rights (as, in ...
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The principle of proportionality revisited: interpretations and applications
Medicine, Health Care and Philosophy, 2011The principle of proportionality is used in many different contexts. Some of these uses and contexts are first briefly indicated. This paper focusses on the use of this principle as a moral principle. I argue that under certain conditions the principle of proportionality is helpful as a guide in decision-making.
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Composition and functions of bacterial membrane vesicles
Nature Reviews Microbiology, 2023Masanori Toyofuku +2 more
exaly
Chapter 2. The Principle Of Proportionality
2009The principle of proportionality has roots way back in legal history and is widely used in international law in general as well in the more specific field of international human rights law. The purpose of this chapter is to analyse the Courts construction of the proportionality principle; where does proportionality come from, how does the ...
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The Principle of Proportionality and European Contract Law
SSRN Electronic Journal, 2013The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an underlying principle of more specific rules of EU ...
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The Principles-Theory Variant of Proportionality
2018This chapter tackles issues surrounding the meaning of proportionality. It advances what the principles-theory variant of the test is and how the Supreme Federal Court of Brazil (STF) has made use of this variant propounded by Alexy. Accordingly, Sect.
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Nudging and the Principle of Proportionality
2016While the ethics and politics of nudging have received a great deal of attention, the legality of non-coercive interventions aimed at changing human behaviour has not been the object of much study. In this contribution, I examine firstly which limits, if any, the principle of proportionality (‘Verhaltnismasigkeitsgrundsatz’) as applied by the German ...
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