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
openaire +2 more sources
Principle of proportionality and non-international armed conflicts [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2018 In the past, most armed conflicts were international, but today armed conflicts often are non-international and internal conflicts. However most of international armed conflicts rules are about international armed conflicts and some of them regulate non ...
Valiollah Noori, Seyed Ghasem Zamani
doaj +2 more sources
ON HISTORICAL AND THEORETICAL ORIGINS OF THE PROPORTIONALITY PRINCIPLE [PDF]
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
doaj +1 more source
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
doaj
The Rule of Area in Retribution in Light of the Principle of Proportionality of Punishment to the Degree of Responsibility [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i KiyfarīThe 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
A Comparative Study on the Concept, Nature and Conditions of Proportionality in International Humanitarian Law and Islamic Law [PDF]
پژوهش تطبیقی حقوق اسلام و غرب, 2018 The principle of proportionality is codified as a customary rule in the Additional Protocol 1 and the statute of International Criminal Court as well. However, its concept, nature and conditions for exercise are subject to some ambiguities. Under Islamic
abbasali azemy +1 more
doaj +1 more source
Precautionary proportionality principle as an instrumental preventive measure from the COVID-19: Can European human rights survive in the state of public health emergency? [PDF]
Przegląd Europejski, 2021 The authors believe that the C. Schmitt’s notion of unconstraint sovereignty is not flawless. Both A. Dicey’s theory of British constitutional law and the international human rights instruments have required the measures of the derogation of human rights
Jizeng Fan, Yuhong Wang
doaj +1 more source
The Meaning of “Principle of Proportionality”
Czech Journal of Political Science/Politologický časopis, 2000 Rein Taagepera, leading American political scientist, offers a brief outline on the topic of possible variants of PR principle. He mainly uses a method of comparison between majoritarian and proportional principles. He characterizes under what conditions the PR principle acquires some of the features of its counterpart and vice versa.
Taagepera, Rein
openaire +2 more sources
Protection of the right to property in the jurisprudence of the Court of Justice of the EU: Permissibility of limitation [PDF]
Zbornik 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 Principle of Proportionality in International Law: Foundations and Variations [PDF]
, 2017 Originally based upon the principle of equity, proportionality is predominantly used in the field of human rights protection, the use of force and countermeasures, humanitarian law, maritime boundary law, trade law and investment protection.
Rachel Liechti-McKee +9 more
core +1 more source