Results 261 to 270 of about 173,718 (296)

Modelling the Principle of Proportionality (German)

SSRN Electronic Journal, 2011
The 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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Chapter 2. The Principle Of Proportionality

2009
The 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, 2013
The 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

2018
This 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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AWS compliance with the ethical principle of proportionality: three possible solutions

Ethics and Information Technology, 2023
Maciek Zając
exaly  

Nudging and the Principle of Proportionality

2016
While 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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The application of the legal principle of proportionality in the practice of social work

European Journal of Social Work, 2023
Radka Janebová
exaly  

Proportionality principle revisited – relationship between application rates and pesticide residue concentrations in food commodities

Pest Management Science, 2023
Hans Mielke, Christian Sieke
exaly  

The Principle of Proportionality

The American Journal of Comparative Law, 1978
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The different facets of the proportionality principle as applied by the supreme court in India

Constitutional Political Economy, 2023
Navin Sinha
exaly