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The Principle of Proportionality in Modern Ius Gentium

Utrecht 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
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Proportionality principle in the eu intellectual property law

Наукові записки НаУКМА: Юридичні науки, 2018
As a result of a country’s accession to the EU, primary and secondary EU law becomes a part of the national law, which still maintains a certain autonomy.
Galyna Mykhailiuk
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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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Poměrnost, ale jaká? Srovnání různých úrovní a typů proporcionalit zvažovaných alternativ volební reformy z roku 2021 [PDF]

Acta Politologica, 2022
In response to a limited discussion on proportionality of the Czech electoral reform from early 2021, this article focuses on the proportionality of alternatives proposed through the lens of its various conceptions and levels of measurement.
Ivan Jarabinský, Miroslav Líbal, Jan Oreský   +2 more
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The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws [PDF]

پژوهش تطبیقی حقوق اسلام و غرب, 2023
The principle of proportionality in criminal law is considered one of the fundamental principles, which entails determining punishments that correspond to the social harm caused by the crime.
Elham Heidari
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Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures

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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A Comparative Study on the Concept, Nature and Conditions of Proportionality in International Humanitarian Law and Islamic Law [PDF]

پژوهش تطبیقی حقوق اسلام و غرب, 2018
The principle of proportionality is codified as a customary rule in the Additional Protocol 1 and the statute of International Criminal Court as well. However, its concept, nature and conditions for exercise are subject to some ambiguities. Under Islamic
abbasali azemy, seyed morteza hoseini fazel   +1 more
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Proportionality in the PSPP Saga: Why Constitutional Pluralism Is Here to Stay and Why the Federal Constitutional Court Did not Violate the Rules of Loyal Conduct

European Papers, 2022
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1527-1551 | Article | (Table of Contents) I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. –
Martin Höpner
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THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]

Challenges of the Knowledge Society, 2022
The proportionality is a general principle of law, signifying the ideas of balance, justice, responsibility and the needed adequate suiting of the measures adopted by the State to the situation in fact and to the purpose aimed by the law.
Marius ANDREESCU, Andra PURAN
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Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto?

Teisė, 2021
The article analyses cases of non-application of a national legal rule by cassation court judges hearing civil cases where, based on the analysis of concrete circumstances, the application of such a rule, in the opinion of judges, would lead to an ...
Asta Dambrauskaitė
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