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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

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

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

To Heaven through Hell: Are There Cognitive Foundations for Purgatory? Evidence from Islamic Cultures

open access: yesReligions, 2021
The purgatory doctrine, which has played a vital role in Christian culture, states that most believers must experience afterlife punishment in order to be cleansed of their sins before entering Heaven.
Riyad Salim Al-Issa   +3 more
doaj   +1 more source

“TAKE PITY OF YOUR TOWN AND OF YOUR PEOPLE”

open access: yesContemporary Challenges, 2022
It has been argued that the practice of siege warfare is at the very limit of legality under the terms of International Humanitarian Law.[1] The question addressed in this essay might be rephrased: how do the laws of armed conflict permitsieges to become
Christopher John Hale
doaj   +1 more source

PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE

open access: yesRUDN 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
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

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