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Challenging the principle of proportionality
Journal of Medical Ethics, 2016The first objective of this article is to examine one aspect of the principle of proportionality (PP) as advanced by Alan Gewirth in his 1978 book Reason and Morality. Gewirth claims that being capable of exercising agency to some minimal degree is a property that justifies having at least prima facie rights not to get killed. However, according to the
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The Principle of Proportionality, Solvency II and Captives
AIDA Europe Research Series on Insurance Law and RegulationThis book offers an in-depth analysis of the principle of proportionality in the EU insurance regulatory regime. It takes a critical look at how proportionality has been implemented in Solvency II and tests its effectiveness on captive (re)insurance ...
Marta Ostrowska
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The principle of proportionality
Chinese Language and Discourse. An International and Interdisciplinary Journal, 2020AbstractIn Mandarin conversation, utterances about future actions with severe consequences are observed to correlate with bigger promises, marked by devices indicating greater illocutionary force, as compared with those about actions with less serious consequences.
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Principle of Proportionality and The Principle of Reasonableness
Review of European Administrative Law, 2020This paper examines a principle of particular relevance for administrative action and the concept of good administration, namely the principle of reasonableness, at the EU level, from the point of view of the Italian administrative doctrine, and jurisprudence of the Council of State.
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The Principle of Proportionality [PDF]
, 2006 Recent policy initiatives within the harmonization of European company laws have promoted a so-called "principle of proportionality" through proposals that regulate mechanisms opposing a proportional distribution of ownership and control. We scrutinize the foundation for these initiatives by analyzing the use of instruments to separate ownership from ...
Bennedsen, Morten +1 more
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The Principle of Proportionality
2017IMPORTANCE OF THE PRINCIPLE OF PROPORTIONALITY FOR EU CIVIL LAW: SOME GENERAL REMARKS “HARD LOOK” IN REVIEWING OF NATIONAL MEASURES The principle of proportionality as a constitutional principle of EU law – including EU civil law – was first developed to justify restrictions by Member States on free movement under the public policy or general ...
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Proportionality as a Global Constitutional Principle
SSRN Electronic Journal, 2016This paper shows that three versions of the principle of proportionality exist in international law, and that these three have different constitutional functions. The horizontal version 1 applies, inter alia, in the field of countermeasures including self defence. The principle here refers to the relation between action (breach of international law) of
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Principles, balancing, and proportionality
This chapter addresses the relation between principles, balancing, and proportionality. First, it provides an overview of the most relevant views of the nature and role of principles in the law. Then it presents the different ways in which those views account for the application of principles, with a focus on balancing, as a way of reasoning and ...openaire +2 more sources
The Principle of Proportionality
European Procurement & Public Private Partnership Law Review, 2022openaire +2 more sources
Proportionality: A Matter of Principle
SSRN Electronic Journal, 2012Ronald Dworkin is an author who has been relied upon by many European lawyers and thinkers alike lately. However, some critics have called his theory 'parochial', suggesting that it could not be applied outside the United States (and perhaps Great-Britain).
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