Suchergebnisse
Filter
1896 Ergebnisse
Sortierung:
Proportionality & Comparative Constitutional Law versus Studies
In: Law & ethics of human rights, Band 12, Heft 2, S. 203-224
ISSN: 1938-2545
Abstract
The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.
Proportionality in Australian constitutional law: towards transnationalism?
In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 76, Heft 4, S. 951-966
ISSN: 0044-2348
World Affairs Online
Proportionality in EU Law: A Balancing Act?
In: TILEC Discussion Paper No. 2013-003
SSRN
Working paper
Necessity and Proportionality in the Law of War
In: Cambridge Handbook on Just War (Larry May ed, CUP 2016)
SSRN
On Proportionality of Countermeasures in International Law
In: American journal of international law: AJIL, Band 102, Heft 4, S. 715-767
ISSN: 2161-7953
In courts and tribunals, political arenas like the United Nations Security Council, and popular and scholarly journals, discursive recourse to the principle of proportionality has become frequent and vehement. It tends most audibly to arise in the midst of military conflicts pitting states against each other. But it also emerges in interstate trade disputes and when states, seeking to protect national security or public health, restrict internationally protected human rights.
On proportionality of countermeasures in international law
In: American journal of international law, Band 102, Heft 4, S. 715-767
ISSN: 0002-9300
World Affairs Online
Towards Process-Oriented Proportionality Review in EU Law
In: European Public Law (2017) 23
SSRN
The Law and Economics of Proportionality in Discovery
In: Georgia Law Review, Band 50, S. 1093
SSRN
Principle of Proportionality and European Competition Law
In: ANDRAŠKO, J., HAMUĽÁK, J.: THE MILESTONES OF LAW IN THE AREA OF CENTRAL EUROPE. Collection of Papers From the International Academic Conference of Ph.D. Students and Young Researchers. Bratislava: Univerzita Komenského v Bratislave, Právnická fakulta, 2018, pp. 39-46, 2018
SSRN
Proportionality, Proximity and Environmental Labelling in WTO Law
In: Journal of international economic law, Band 12, Heft 4, S. 927-952
ISSN: 1464-3758
Proportionality in Sweden: The Influence of European Law
In: Nordic journal of international law, Band 75, Heft 3-4, S. 451-472
ISSN: 1571-8107
AbstractThe principle of proportionality constitutes a complex principle that could be seen as the keystone of the general principles of Community law and ECHR. The aim of this article is to demonstrate the influence of European Community (EC) law and the European Convention of Human Rights (ECHR) on the definition and application of the principle of proportionality in Swedish public law from 1996 to 2006. The Supreme Administrative Court has given some indications as to the application of the principle of proportionality, notably as to the importance of the balancing of interests. Interestingly, this Court has also been proactive as to the application of the principle of proportionality in internal law, e.g. concerning environmental law, tax law, administrative licenses. Moreover, the principle has influenced national legislation in many fields. It is argued, finally, that these jurisprudential and legislative developments increase the judicial protection of the individual and also modifies the structure of traditional judicial review by attributing a new role to Swedish national courts.
Proportionality and combatants in modern international humanitarian law
In: Necessity, Proportionality and the Use of Force by States, S. 59-84
Proportionality and civilians in modern international humanitarian law
In: Necessity, Proportionality and the Use of Force by States, S. 85-137
The function of proportionality analysis in European law
In: Nijhoff studies in EU law 8