Results 301 to 310 of about 357,463 (323)
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Reasonableness and Proportionality
2020This chapter focuses on two canonical approaches to reviewing administrative choices: reasonableness and proportionality. Both are addressed squarely to the merits of the agency’s choice, but the two are sometimes supposed to occupy opposite ends of the judicial scrutiny spectrum, with reasonableness being understood as a deferential standard, and ...
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2012
Regarding the need for renewal Proportionality is not perfect; yet none of the suggested alternatives – with categorization as the central one – ensures a more appropriate arrangement. We should therefore focus on proportionality and ways to improve it.
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Regarding the need for renewal Proportionality is not perfect; yet none of the suggested alternatives – with categorization as the central one – ensures a more appropriate arrangement. We should therefore focus on proportionality and ways to improve it.
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New Journal of European Criminal Law, 2014
The principle of proportionality constitutes a general principle of EU law. However, its application with regard to judicial cooperation in criminal matters between the EU Member States has remained somewhat unclear, especially after the introduction of the principle of mutual recognition.
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The principle of proportionality constitutes a general principle of EU law. However, its application with regard to judicial cooperation in criminal matters between the EU Member States has remained somewhat unclear, especially after the introduction of the principle of mutual recognition.
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Proportionality and Incommensurability
2014Proportionality doctrines in human rights adjudication require the judges to ‘balance’ interests that cannot actually be weighed against each other in any sort of scales. If judges are purporting to balance things that cannot actually be balanced, it may seem that the doctrines mean a departure from the rule of law, in favour of arbitrary rule by ...
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Analysis, 2010
In response to the exclusion argument against mental causation, Yablo ( 1992, 1997) proposes a proportionality constraint on what can count as a cause: where distinct, simultaneous putative causes involve properties that stand in the determinable/determinate relation, only the property that is proportional to the effect counts as the cause.
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In response to the exclusion argument against mental causation, Yablo ( 1992, 1997) proposes a proportionality constraint on what can count as a cause: where distinct, simultaneous putative causes involve properties that stand in the determinable/determinate relation, only the property that is proportional to the effect counts as the cause.
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Proportionality and Justification
SSRN Electronic Journal, 2019Abstract This chapter presents a normative defense of proportionality’s absolute validity, arguing that proportionality is one of the central rules that establish the space of reasons. Proportionality enables the construction of a justified and well-founded basis for the rational application of human rights.
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Plural-Component proportioners
Metal Finishing, 1999Summary Plural-component proportioning is a unique way to meter and dispense multicomponent materials. The two basic methods of automated proportioning are convergent-stream and integration technologies. Automated proportioners control the ratio either mechanically or electronically.
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2011
In political psychology, proportionality is usually considered as the principle, rule, or value, describing distributive justice within a state or local or regional populace. In this sense, according to proportionality, individual outcomes need to match individual inputs to achieve justice within a system. In making the allocation decision, authorities
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In political psychology, proportionality is usually considered as the principle, rule, or value, describing distributive justice within a state or local or regional populace. In this sense, according to proportionality, individual outcomes need to match individual inputs to achieve justice within a system. In making the allocation decision, authorities
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17. Irrationality and Proportionality
2012Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which discusses the circumstances for judicial review of a public authority’s decision on the grounds that it is irrational, first explains the history of irrationality
Lisa Webley, Harriet Samuels
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Against Proportionality: Proportionality Is not a Side-Constraint on Punishment
2018In the fourth chapter, I argue that there is no satisfactory theory of proportionality in the context of punishment. By proportionality in punishment, I mean that there is a systematic positive relation between the seriousness of a person’s wrongdoing and the maximum severity of punishment she may be given.
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