Proportionality In Law
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Proportionality in Law
Author | : David Duarte,Jorge Silva Sampaio |
Publsiher | : Springer |
Total Pages | : 200 |
Release | : 2018-07-09 |
Genre | : Law |
ISBN | : 3319896466 |
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This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Proportionality
Author | : Aharon Barak |
Publsiher | : Cambridge University Press |
Total Pages | : 638 |
Release | : 2012-01-19 |
Genre | : Law |
ISBN | : 1107401194 |
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Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
The Function of Proportionality Analysis in European Law
Author | : Tor-Inge Harbo |
Publsiher | : Hotei Publishing |
Total Pages | : 349 |
Release | : 2015-03-20 |
Genre | : Law |
ISBN | : 9789004289475 |
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The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.
Proportionality and the Rule of Law
Author | : Grant Huscroft,Bradley W. Miller,Grégoire Webber |
Publsiher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2014-04-21 |
Genre | : Law |
ISBN | : 9781107064072 |
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Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
Comparative Administrative Law
Author | : Frank J. Goodnow |
Publsiher | : Unknown |
Total Pages | : 724 |
Release | : 1893 |
Genre | : Administrative law |
ISBN | : STANFORD:36105044111388 |
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Revisiting Proportionality in International and European Law
Author | : Ulf Linderfalk,Eduardo Gill-Pedro |
Publsiher | : BRILL |
Total Pages | : 230 |
Release | : 2021-05-12 |
Genre | : Law |
ISBN | : 9789004448070 |
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In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Proportionality in International Law
Author | : Michael A. Newton,Larry May |
Publsiher | : Oxford University Press, USA |
Total Pages | : 354 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9780199355037 |
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1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.
Proportionality in Action
Author | : Mordechai Kremnitzer,Talya Steiner,Andrej Lang |
Publsiher | : Cambridge University Press |
Total Pages | : 689 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 9781108497589 |
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A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.