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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 ...
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The Principle of Proportionality

European Procurement & Public Private Partnership Law Review, 2022
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Proportionality: A Matter of Principle

SSRN Electronic Journal, 2012
Ronald 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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Proportionality and the Precautionary Principle

Ethics, Policy & Environment, 2013
Daniel Steel addresses one of the most serious objections against the precautionary principle (PP).
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Proportionality and Principled Balancing

Law & Ethics of Human Rights, 2010
This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled ...
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The Principle of Asymptotic Proportionality

Journal of Applied Mechanics, 1990
The Principle of Asymptotic Proportionality, which is based on the Green’s function method for equilibrium problems, is proposed. Using this principle, the induced far-field variable due to any distribution of applied physical quantities can be approximated.
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Locke’s Principle of Proportionality

Archiv für Geschichte der Philosophie, 2019
Abstract Locke’s principle of proportionality – among his most important contributions to philosophy – states that we ought to apportion our assent to a given proposition in accord with the probability of that proposition on an adequate body of evidence. I argue that treatments of Locke’s principle fail to avoid interpreting it as a
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The Proportionality Principle

SSRN Electronic Journal, 2004
Morten Bennedsen, Kasper Meisner Nielsen
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Nudging and the Principle of Proportionality

2016
While the ethics and politics of nudging have received a great deal of attention, the legality of non-coercive interventions aimed at changing human behaviour has not been the object of much study. In this contribution, I examine firstly which limits, if any, the principle of proportionality (‘Verhaltnismasigkeitsgrundsatz’) as applied by the German ...
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Principle of Proportionality in the Case Law of the ECtHR

Interdisciplinary Studies in Human Rights, 2022
Hyun Jung Lee
exaly