Proportionality and combatants in modern international humanitarian law
In: Necessity, Proportionality and the Use of Force by States, S. 59-84
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In: Necessity, Proportionality and the Use of Force by States, S. 59-84
In: Necessity, Proportionality and the Use of Force by States, S. 85-137
In: The World Trade Organization and Trade in Services, S. 161-186
In: The World Trade Organization and Trade in Services, S. 161-186
In: The Geneva Conventions Under Assault, S. 42-73
In: Big Data Challenges, S. 73-84
Discusses the nature, implications, & problems facing recent attempts to establish a democratic criminal justice system in Spain. Prior to the death of dictator Francisco Franco in 1975, the penal system was characterized by death penalties & long sentences inflicted on political prisoners. However, the transition toward democracy has led to a number of reforms grounded in the legal tenets of the Spanish constitution: the principles of legality, proportionality of punishment, the rule of law, & commitment to rehabilitation. Despite these admirable goals, imprisonment remains the primary means of criminal retribution, & prisons are currently in a state of crisis due to overcrowding, lack of staff, & skyrocketing levels of drug use & human immunodeficiency virus/acquired immune deficiency syndrome infection. Spain remains an ideal example of the punitive inflation & ideological contradictions evidenced in criminal justice systems throughout the world. However, the growing presence & acceptance of psychology, sociology, & anthropology have facilitated critiques of the current system & encouraged discussion of viable alternatives to imprisonment. 2 Tables, 29 References. T. Sevier
In: Themenschwerpunkt: Politische Ethik, S. 107-144
"This contribution presents the following theses from both an ethical and a legal point of view: Neither the scope of 'protection obligations' which are based on fundamental rights, nor the theory of constitutional balancing, nor the issue of 'absolute' minimum standards (fundamental rights nuclei, 'Grundrechtskerne'), which have to be preserved in the balancing of fundamental rights, can be considered satisfactorily resolved - in spite of intensive, long-standing debates. On closer analysis, the common case law definitions turn out to be not always consistent. This is generally true and with respect to environmental fundamental rights at the national, European, and international level. Regarding the theory of balancing, for the purpose of a clear balance of powers the usual principle of proportionality also proves specifiable. This allows a new analysis, whether fundamental rights have absolute cores. This question does not only apply to human dignity and the German Aviation Security Act, but also to the problem of environmental policy accepting deaths, e.g. caused by climate change. Overall, it turns out that an interpretation of fundamental rights which is more multipolar and considers the conditions for freedom more heavily - as well as the freedom of future generations and of people in other parts of the world - develops a greater commitment to climate protection." (author's abstract)