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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The Principle of “Ultima Ratio” And/Or the Principle of Proportionality
Oñati Socio-Legal Series, 2013 The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the ...
Rudolf Wendt
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The Principle of “Ultima Ratio” And/Or the Principle of Proportionality
Oñati Socio-Legal Series, 2012 The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the other hand.
Rudolf Wendt
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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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PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW [PDF]
Challenges of the Knowledge Society, 2011 A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions.
MARIUS ANDREESCU
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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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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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