Results 11 to 20 of about 3,788,966 (162)
Ultima Ratio as a Constitutional Principle
Oñati Socio-Legal Series, 2013 The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization.
Kaarlo Tuori
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Ultima Ratio as Caveat Dominus: Legal Principles, Police Maxims, and the Critical Analysis of Law [PDF]
SSRN Electronic Journal, 2013 A comparative and historical analysis of the so-called ultima ratio principle reveals that, despite its Latinate veneer, it is neither ancient nor universal, but a recent addition to the German criminal law canon. Upon further inquiry, ultima ratio also turns out to be ill-defined, undermotivated, and toothless, a fundamental legal principle and ...
Dubber, Markus
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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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Ultima Ratio in European Criminal Law [PDF]
Oñati Socio-Legal Series, 2012 The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator.
Sakari Melander
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Ultima Ratio in European Criminal Law
Oñati Socio-Legal Series, 2013 The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator.
Sakari Melander
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THEORETICAL FOUNDATIONS OF THE "ULTIMA RATIO" PRINCIPLE AND ITS PLACE IN CRIMINAL LAW
This article examines the “ultima ratio” principle in criminal law — the idea that criminal legislation should be applied only as a last resort. This principle defines the limits of the application of criminal law, aiming to prevent excessive criminalization and punishment. The article analyzes the historical formation of the principle, its application
Ibroximov, Saidakbar
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The Role of the Ultima Ratio Principle in the Jurisprudence of the Norwegian Supreme Court
Oñati Socio-Legal Series, 2013 The article examines how the ultima ratio principle can be used to analyze and criticize the argumentation of the courts in cases concerning the interpretation of criminal statutes.
Thomas Frøberg
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Ultima Ratio and the Judicial Application of Law [PDF]
Oñati Socio-Legal Series, 2012 The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the ...
Joxerramon Bengoetxea
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Ultima Ratio and the Judicial Application of Law
Oñati Socio-Legal Series, 2013 The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the ...
Joxerramon Bengoetxea
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DERECHO PENAL COMO ULTIMA RATIO. HACIA UNA POLÍTICA CRIMINAL RACIONAL
Ius et Praxis, 2008 Aun cuando nadie duda que el principio de ultima ratio constituye un límite esencial al poder punitivo del Estado, las dificultades se presentan cuando deben fijarse criterios que brinden un contenido material, sobre todo considerando el basamento ...
Raúl Carnevali Rodríguez
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