Results 21 to 30 of about 173,640 (294)

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

PROPORTIONALITY AS A CONDITION OF SANCTION`S JUSTICE

open access: yesRUDN Journal of Law, 2017
The principle of proportionality is one of the fundamental legal principles defining the limits of state authority. The principle of proportionality, among other things, is the basis of legal responsibility and ensures the justice of the punishment being
Alexander A Bazhanov
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

Azas Proporsionalitas Sebagai Perwujudan Doktrin Keadilan Berkontrak [PDF]

open access: yes, 2007
The objective of this article is to argue that the issue of equal and unequal position of the parties is irrelevant to commercial contract. The essence of commercial contract that ponders business relationship without interruption does not deal with the ...
Hernoko, A. Y. (Agus)
core   +3 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

Degree theorems and Lipschitz simplicial volume for non-positively curved manifolds of finite volume [PDF]

open access: yes, 2009
We study a metric version of the simplicial volume on Riemannian manifolds, the Lipschitz simplicial volume, with applications to degree theorems in mind. We establish a proportionality principle and a product inequality from which we derive an extension
Block   +13 more
core   +1 more source

U.S. constitutional law, proportionality, and the global model [PDF]

open access: yes, 2016
Following the global success of the principle of proportionality in human and constitutional rights adjudication, there is now an emerging debate among academics and judges in the United States as to whether proportionality ought to be introduced into U ...
Moller, Kai
core   +1 more source

The reasonableness among the principles of the law-application process

open access: yesТеорія і практика правознавства, 2016
The main requirements for the process of law application are described in the article. The author analyzes the principle of reasonableness in the system of law-enforcement. The importance of reasonableness in the common law countries is discussed.
К. О. Мандрикова
doaj   +1 more source

Balancing climate change mitigation and environmental protection interests in the EU Directive on carbon capture and storage [PDF]

open access: yes, 2012
The EU Climate and Energy Package highlights the potential contradictions between the climate change imperative of reducing GHGs emissions and the importance to maintain environmental integrity. While the package supports climate change mainstreaming, it
Montini, Massimiliano, Orlando, Emanuela
core   +1 more source

Distributive justice for aggressors [PDF]

open access: yes, 2020
The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute ...
Tomlin, Patrick
core   +1 more source

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