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Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto?
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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THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]
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 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 judicial review of UUD 1945 is the authority of the Constitutional Court declared by Article 24C UUD NRI 1945. One of the reasons for judicial review is competiting rights or the constitutional rights of citizens who have been violated through ...
Irene Angelita Rugian
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The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality [PDF]
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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Investigation of Coulomb’s law and the nature of the electric charge
This theoretical work investigates spin-spin energy in the hydrogen atom and its relation to Coulomb’s force law. Most elementary particles are assigned intrinsic properties of carrying electric charges, which leave us blundering about the essence of ...
Saqer M Darwish
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The Constitutional Court Decision Number 91/PUU-XVIII/2020 states that the Job Creation Act has a formal defect and must be corrected within 2 (two) years since the decision was pronounced.
Satria Rangga Putra, Sujatmiko Sujatmiko
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Instrumental aspects of proportionality in civil proceedings
The purpose of the work is to define the role of proportionality as a tool for overcoming legal uncertainty in the application by courts of the principles and norms of law in modern civil proceedings. It was supported the statement that within the limits
O. H. Bortnik, T. V. Stepanenko
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La proportionnalité en Droit des sociétés
This study deals with the principle of proportionality in corporation law. Even if the proportionality stems from public law, it has invaded different branches of private law, but without being analyzed in detail in corporation law.
أمل مملوك
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Kebijakan Perimbangan Keuangan antara Pemerintah Pusat dan Daerah Pasca Reformasi [PDF]
In the post-reform, the establishment of the Law No. 25 year 1999 about the Financial Proportionality between Central Government and Local Government and the Law No.
Nasution, F. A. (Faisal)
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