Results 11 to 20 of about 17,079 (299)
The Principle of Proportionality in Modern Ius Gentium [PDF]
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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ON HISTORICAL AND THEORETICAL ORIGINS OF THE PROPORTIONALITY PRINCIPLE
Iustinianus Primus Law Review, 2012 During the second half of the XXth century, the proportionality principle gradually emerged as an omnipresent and important instrument of judicial interpretation, in all sorts of contexts.
Dobrinka Taskovska
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A Bayesian Improvement of the Proportionality Principle
Ratio Juris, 2022 AbstractThe principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight formula has been the most advanced approach in structured balancing of proportionalitystricto sensu, while this paper shows it as still too ...
Pečarič, Mirko, Mirko Pecaric
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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 principle and American constitutional law [PDF]
, 2023 アメリカにおいて、「比例原則」の導入が進まない原因、導入しようとされている「比例原則」の内容、「比例原則」導入の賛成論、反対論について検討した。This article examines the arguments on the introduction of proportionality principle into the United States. It also compares proportionality principle with rule-based analysis which
木下, 智史 +4 more
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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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Revisiting Proportionality in International and European Law : Interests and Interest- Holders
, 2021 This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ...
Linderfalk, Ulf 1964- +4 more
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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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