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Proportionality in Australian Constitutional Law: Next Stop Section 116? [PDF]
Australian Journal of Law & Religion, 2022 The High Court has accepted proportionality in interpreting aspects of the Australian Constitution, particularly in the rights context. This article considers its possible application to s116 of the Australian Constitution, enshrining freedom of ...
Anthony Gray
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Subjective Proportionality [PDF]
Ethics, 2019 Abstract Chapter 7 investigates what I call ‘subjective proportionality’: how we should make proportionality calculations under uncertainty. The chapter takes the idea that under uncertainty we should compare expected harm with expected good as its starting point.
Tomlin, Patrick
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Proportionality as Fittingness: The Moral Dimension of Proportionality* [PDF]
Current Legal Problems, 2018 Outside law we often judge an action to be wrongful in virtue of being disproportionate. This paper aims to develop a moral account of proportionality as it figures outside law, with a view to shed light on legal doctrines that employ proportionality reasoning.
Letsas, G
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Abstract This book explores the principle of proportionality in the context of public health crises, using the COVID-19 pandemic as a central case study. Proportionality serves as a key legal and ethical standard to balance public health interests with individual rights, such as autonomy and privacy.
John Olusegun Adenitire, Raffael Fasel
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, 2017 With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on ...
Young, AL, De Búrca, G
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Freedom of Religion Under the Australian Constitution: Is Proportionality the Answer? [PDF]
Australian 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
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Proportionality and responsibility [PDF]
Filozofija 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
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Teisė, 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
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Redistricting for Proportionality
The Forum, 2022 Abstract American democracy is currently heavily reliant on plurality in single-member districts, or PSMD, as a system of election. But public perceptions of fairness are often keyed to partisan proportionality, or the degree of congruence between each party’s share of the vote and its share of representation.
Duchin, Moon, Schoenbach, Gabe
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Fundamental Rights and Freedoms of Citizen-Employee in Labour Law
Annales 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
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