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Freedom of Religion Under the Australian Constitution: Is Proportionality the Answer? [PDF]

open access: yesAustralian Journal of Law & Religion, 2023
Under the current approach set out in the 1997 ‘Stolen Generations’ case of Kruger v Commonwealth, the free exercise clause of s 116 of the Australian Constitution is only violated if a law has the purpose of prohibiting the free exercise of religion. In
Guy Baldwin
doaj   +1 more source

Proportionality and responsibility [PDF]

open access: yesFilozofija i Društvo, 2020
This article examines two versions of the proportionality constraint in just war theory, one minimalist, prohibiting almost no military acts, and one maximalist, prohibiting pretty much everything. I argue that neither one meets the needs of the
Walzer Michael
doaj   +1 more source

Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures

open access: yesTeisė, 2022
This article analyzes the application of the principle of proportionality in the context of interim measures. The study reveals how and to what extent is the principle of proportionality regulated by law in the application of interim measures.
Artur Doržinkevič
doaj   +1 more source

How the Stringency of the COVID-19 Restrictions Influences Motivation for Adherence and Well-Being: The Critical Role of Proportionality [PDF]

open access: yesInternational Journal of Health Policy and Management, 2023
Background  The stringency of the measures taken by governments to combat the COVID-19 pandemic varied considerably across countries and time. In the present study, we examined how the proportionality to the epidemiological situation is related to ...
Joachim Waterschoot   +10 more
doaj   +1 more source

Fundamental Rights and Freedoms of Citizen-Employee in Labour Law

open access: yesAnnales de la Faculté de Droit d’Istanbul, 2022
Since the 1980s, fundamental rights and freedoms have not only appeared and taken on a particular dimension within employment but also started covering all aspects of citizen employees’ private and professional lives. The appearance of citizen employees’
Ali Güzel   +2 more
doaj   +1 more source

Proportionality in cyberwar and just war theory

open access: yesEthics & Global Politics, 2023
Which harms and benefits should be viewed as relevant when considering whether to launch cyber-measures? In this article, we consider this question, which matters because it is central to determining whether cyber-measures should be launched.
Fredrik D. Hjorthen, James Pattison
doaj   +1 more source

Does the EU COVID Digital Certificate Strike a Reasonable Balance between Mobility Needs and Public Health?

open access: yesMedicina, 2021
The need to fight a highly aggressive virus such as SARS-CoV-2 has compelled governments to put in place measures, which, in the name of health protection, have constrained many freedoms we all enjoy, including freedom of movement, both nationally and ...
Gianluca Montanari Vergallo   +5 more
doaj   +1 more source

Principle of proportionality and conditions for participation in a public procurement procedure

open access: yesPrawo Budżetowe Państwa i Samorządu, 2022
Principle of proportionality is of particular importance when an awarding entity determines conditions for participation in a public procurement procedure.
Magdalena Taraszkiewicz
doaj   +1 more source

Automatisk Nummerpladegenkendelse (ANPG)

open access: yesNordisk Tidsskrift for Kriminalvidenskab, 2022
The collection of personal data increases with the advancement of investigative possibilities. One of the newer tools used by the police and others in the Nordic countries is ANPR.
Tanja Kammersgaard Christensen
doaj   +1 more source

The Principle of Proportionality in Modern Ius Gentium

open access: yesUtrecht Journal of International and European Law, 2021
The principle of proportionality refers to the criteria for fair and optimal balancing of interests. It is widely applied to international disputes and has gained institutional and scholarly acceptance in the field of international law.
Talya Ucaryilmaz
doaj   +1 more source

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