Results 31 to 40 of about 181,697 (356)
THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]
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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Proportionality in Constitutional and Human Rights Interpretation [PDF]
In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the ...
Flores, Imer
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PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE
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 formal and substantive functions of the principle of proportionality [PDF]
This paper focuses on the principle of proportionality as a unique technique used in arguing judicial decisions dealing with fundamental rights disputes. I will contest that the principle of proportionality offers fixed steps of examination and makes the
Pozsár-Szentmiklósy, Zoltán
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Proportionality trumps gentleness: reforming Block’s evictionism (part I)
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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Help! Virtue Profiles and Horses for Courses [PDF]
Glen Pettigrove addresses the proportionality principle in ethics, the principle that “our actions, attitudes, or emotions should be proportional to the degree of value present in the object or events to which they are responding” [p. 1]. He argues this
Lumsden, David, Ulatowski, Joseph
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Azas Proporsionalitas Sebagai Perwujudan Doktrin Keadilan Berkontrak [PDF]
The objective of this article is to argue that the issue of equal and unequal position of the parties is irrelevant to commercial contract. The essence of commercial contract that ponders business relationship without interruption does not deal with the ...
Hernoko, A. Y. (Agus)
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The Principle of Proportionality: Foregoing/Withdrawing Life Support
No abstract available.
D. Knapp van Bogaert, G.A. Ogunbanjo
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A Proportionality Principle for Partitioning Problems [PDF]
In a general class of measure-partitioning or fair-division problems, the extremal case occurs when the measures are proportional. Applications are given to classical and recent fair-division problems, and to statistical decision theory, mathematical physics, Banach space theory, and inequalities for continuous random variables.
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EU Courts’ review of decisions imposing fines in EU state aids cases
The aim of this article is to provide a comprehensive view on the application of the principle of proportionality in the Commission’s decisions imposing fines in the area of state aids as well as the EU courts exercise of the jurisdiction over these ...
Jana Mikušová
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