Results 1 to 10 of about 190,930 (199)

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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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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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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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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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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Impact of the Principle of Proportionality in Tax Law on the Jurisprudence of the Court of Justice of the European Union and the Supreme Administrative Court in Poland

Public Governance, Administration and Finances Law Review, 2018
The principle of proportionality in tax law as an EU and constitutional standard may play an important role in the interpretation of tax law. The principle of proportionality is associated with moderation of the activities of public authorities and ...
Artur Mudrecki
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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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The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality [PDF]

, 2017
Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling to comprehend the meaning of ‘reasonableness’ and its relation to ‘proportionality’. The main purpose of this article is to promote conceptual clarity in
Nehushtan, Y
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