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PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW [PDF]
Challenges of the Knowledge Society, 2011 A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions.
MARIUS ANDREESCU
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Jurnal Konstitusi, 2021 The judicial review of UUD 1945 is the authority of the Constitutional Court declared by Article 24C UUD NRI 1945. One of the reasons for judicial review is competiting rights or the constitutional rights of citizens who have been violated through ...
Irene Angelita Rugian
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A Comparative Study on the Concept, Nature and Conditions of Proportionality in International Humanitarian Law and Islamic Law [PDF]
پژوهش تطبیقی حقوق اسلام و غرب, 2018 The principle of proportionality is codified as a customary rule in the Additional Protocol 1 and the statute of International Criminal Court as well. However, its concept, nature and conditions for exercise are subject to some ambiguities. Under Islamic
abbasali azemy +1 more
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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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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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PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE
RUDN 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
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THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]
Challenges 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
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Правоприменение, 2021 The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it
I. A. Vasilyev
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Proportionality trumps gentleness: reforming Block’s evictionism (part I)
Revista de Investigações Constitucionais, 2021 This paper argues against the most important theoretical foundations which Walter Block uses to defend his thesis that Evictionism legitimizes indirectly deadly evictions of a progeny while simultaneously forbidding abortion.
Cedric John Ayres
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The Meaning of “Principle of Proportionality”
Czech 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
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