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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 trumps gentleness: reforming Block’s evictionism (part I)
Revista de Investigações Constitucionais, 2021 This paper argues against the most important theoretical foundations which Walter Block uses to defend his thesis that Evictionism legitimizes indirectly deadly evictions of a progeny while simultaneously forbidding abortion.
Cedric John Ayres
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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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Proportionality in Constitutional and Human Rights Interpretation [PDF]
, 2013 In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the ...
Flores, Imer
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PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE
RUDN Journal of Law, 2017 The principle of proportionality is one of the fundamental legal principles defining the limits of state authority. The principle of proportionality, among other things, is the basis of legal responsibility and ensures the justice of the punishment being
Alexander A Bazhanov
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Help! Virtue Profiles and Horses for Courses [PDF]
, 2021 Glen Pettigrove addresses the proportionality principle in ethics, the principle that “our actions, attitudes, or emotions should be proportional to the degree of value present in the object or events to which they are responding” [p. 1]. He argues this
Lumsden, David, Ulatowski, Joseph
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The formal and substantive functions of the principle of proportionality [PDF]
, 2015 This paper focuses on the principle of proportionality as a unique technique used in arguing judicial decisions dealing with fundamental rights disputes. I will contest that the principle of proportionality offers fixed steps of examination and makes the
Pozsár-Szentmiklósy, Zoltán
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Distributive justice for aggressors [PDF]
, 2020 The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute ...
Tomlin, Patrick
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EU Courts’ review of decisions imposing fines in EU state aids cases
Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis, 2013 The aim of this article is to provide a comprehensive view on the application of the principle of proportionality in the Commission’s decisions imposing fines in the area of state aids as well as the EU courts exercise of the jurisdiction over these ...
Jana Mikušová
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