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US Constitutional Law, Proportionality, and the Global Model [PDF]

SSRN Electronic Journal, 2016
Following the global success of the principle of proportionality in human and constitutional rights adjudication, there is now an emerging debate among academics and judges in the United States as to whether proportionality ought to be introduced into U.S. constitutional law. My goal in this paper is to correct what I see as a misleading simplification
Moller, Kai
openaire   +4 more sources

The Proportionality Test Models of Competing Rights Cases in the Civil and Common Law Systems: Lesson to Learn for Indonesia

Hasanuddin Law Review
This research focuses on the Proportionality test model of Competing Rights in practice in civil law countries (Germany and South Korea) and the Common Law System (United States and Canada).
Tanto Lailam, Putri Anggia, M. Luthfi Chakim   +2 more
doaj   +2 more sources

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
doaj   +1 more source

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
doaj   +1 more source

Judicial Review, Election Law, and Proportionality

, 2016
In this article, after providing a brief overview of the technicalities of the relevant Italian laws that made the case so complex, the authors explore the particularities of the decision no. 1/2014 of the Constitutional Court on the Italian election law adopted in 2005.
Erik Longo, Andrea Pin
openalex   +4 more sources

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
doaj   +1 more source

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
doaj   +1 more source

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
doaj   +1 more source

PRINCIPLE OF PROPORTIONALITY IN ECONOMIC LAW

Economics and Law, 2019
O.A. Belianevych
openalex   +3 more sources

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
doaj   +1 more source