Results 11 to 20 of about 173,109 (251)

The Rule of Area in Retribution in Light of the Principle of Proportionality of Punishment to the Degree of Responsibility [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
The criterion of area, meaning that length, width, and depth must be observed in the case of the crime against physical integrity, is described in the book of Qisas of the Islamic Penal Code.
Mohammad hosein Shaker ashtijeh
doaj   +1 more source

Proportionality in Constitutional and Human Rights Interpretation [PDF]

open access: yes, 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
core   +3 more sources

Protection of the right to property in the jurisprudence of the Court of Justice of the EU: Permissibility of limitation [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2023
The jurisprudence of the Court of Justice of the EU affects the understanding and protection of human rights in the European Union, including the right to property.
Tubić Bojan N., Radojčić Stefan N.
doaj   +1 more source

The formal and substantive functions of the principle of proportionality [PDF]

open access: yes, 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
core   +2 more sources

Help! Virtue Profiles and Horses for Courses [PDF]

open access: yes, 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
core   +1 more source

The principle of proportionality and strict liability of football clubs for the behavior of spectators at UEFA competitions

open access: yesПравоприменение, 2021
The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it
I. A. Vasilyev
doaj   +1 more source

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

Regulation of InsurTech: Is the Principle of Proportionality an Answer?

open access: yesRisks, 2021
In the view of the current discussion on how to regulate the emerging InsurTech companies, if at all, the author attempts to demonstrate that rather than automatically introducing new regulation, the principle of proportionality can, in most cases, help ...
Marta Ostrowska
doaj   +1 more source

The Principle of Proportionality: Foregoing/Withdrawing Life Support

open access: yesSouth African Family Practice, 2005
No abstract available.
D. Knapp van Bogaert, G.A. Ogunbanjo
doaj   +1 more source

Proportionality trumps gentleness: reforming Block’s evictionism (part I)

open access: yesRevista 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
doaj   +1 more source

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