Results 11 to 20 of about 189,828 (352)

Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto?

open access: yesTeisė, 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
doaj   +1 more source

THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY [PDF]

open access: yesChallenges 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
doaj  

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

open access: yesPublic 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
doaj   +1 more source

Prinsip Proporsionalitas dalam Putusan Mahkamah Konstitusi (Studi Perbandingan di Indonesia dan Jerman)

open access: yesJurnal Konstitusi, 2021
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
doaj   +1 more source

The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality [PDF]

open access: yes, 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
core   +2 more sources

Investigation of Coulomb’s law and the nature of the electric charge

open access: yesJournal of Physics Communications, 2023
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
doaj   +1 more source

Reviewing Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding Formal Review of Job Creation Act: a Progressive Law Perspective

open access: yesJurnal Penelitian Hukum De Jure, 2022
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
doaj   +1 more source

Instrumental aspects of proportionality in civil proceedings

open access: yesLaw and Safety, 2022
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
doaj   +1 more source

La proportionnalité en Droit des sociétés

open access: yesInternational Review of Law, 2020
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
doaj   +2 more sources

Kebijakan Perimbangan Keuangan antara Pemerintah Pusat dan Daerah Pasca Reformasi [PDF]

open access: yes, 2011
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)
core   +1 more source

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