Results 21 to 30 of about 181,697 (356)
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]
Przegląd 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
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Principle of proportionality and non-international armed conflicts [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2018 In the past, most armed conflicts were international, but today armed conflicts often are non-international and internal conflicts. However most of international armed conflicts rules are about international armed conflicts and some of them regulate non ...
Valiollah Noori, Seyed Ghasem Zamani
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Conceptual approaches to the application of principle of proportionality
Yearly journal of scientific articles "Pravova derzhava", 2022 Upon the Article 8 of the Constitution of Ukraine the principle of the rule of law is recognized and eff ective in Ukraine. It is generally accepted that the principle of proportionality is a key component (sub-principle) of the rule of law along with ...
A. Romashko
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Individual freedom from the perspective of detention and the principle of proportionality
The Journal of the National Institute of Justice, 2022 Although some limitations of the right to liberty are allowed, these measures must be applied in strict accordance with the law, guaranteeing the protection of any person against arbitrary or abusive detention, as the effects of such violations can have ...
Domnița Vizdoagă
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The adherence to the principle of proportionality in case of emergency
ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, 2022 The article covers the place and significance of the principle of proportionality in case of limitation of the rights during the emergency. It is emphasized that emergencies and relevant legal regimes, that might be established in order to alienate the ...
A. Romashko
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The Principle of Proportionality in International Law [PDF]
SSRN Electronic Journal, 2012 Whilst the principle of proportionality indisputably plays a crucial role in the protection of fundamental rights, it is still unclear to what extent it applies to other fields in international law. The paper therefore explores the role it plays in selected fields of public international law, beyond human rights. The examination begins in the classical
Tetyana Payosova +6 more
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The Principle of Proportionality of Crime and Punishment in International Documents
International Journal of Multicultural and Multireligious Understanding, 2021 Observance of the principle of proportionality is one of the basic requirements of fairness and justice in all matters, including the determination of punishment and its purpose is to match the amount of punishment with the amount of guilt of the ...
Hadi Dachak
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EU Data Protection and the Principle of Proportionality
Nordic journal of european law, 2021 This paper explores the principle of proportionality in the context of EU data protection. The paper starts by setting out the basics of EU data protection at the EU level and explains why it is so interesting in the context of proportionality. The paper
E. Herlin-Karnell
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Public 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
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