Results 11 to 20 of about 77,060 (292)
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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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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Revisiting Proportionality in International and European Law : Interests and Interest- Holders [PDF]
, 2021 This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ...
Linderfalk, Ulf 1964- +4 more
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Proportionality in Asia: Joining the Global Choir [PDF]
, 2020 In Asia, only the Courts in Taiwan and South Korea, and Hong Kong deploy Structured Proportionality: the Courts reason through a structured three or four-stage Proportionality Analysis (PA) sequentially and use PA to enforce constitutional rights against
Yap, PJ
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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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The standard reasonableness test and proportionality in Argentina: a matter of interactions [PDF]
, 2022 Proportionality analysis is considered a central tool for rights adjudication in contemporary constitutional law. Prevailing academic narrative explains its worldwide spread as a matter of legal migration.
de Fazio, Federico Leandro +1 more
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Medicina, 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
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Principle of proportionality and conditions for participation in a public procurement procedure
Prawo 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
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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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