Regulation of InsurTech: Is the Principle of Proportionality an Answer?
Risks, 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
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The Principle of Proportionality in Drug Offenses and Its Effective Factors in the Application of Iranian and Western Laws [PDF]
پژوهش تطبیقی حقوق اسلام و غرب, 2023 The principle of proportionality in criminal law is considered one of the fundamental principles, which entails determining punishments that correspond to the social harm caused by the crime.
Elham Heidari
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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
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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
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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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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
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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.
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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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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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Правоприменение, 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
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