The Concept Of Proportionality In Public Law
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The Concept of Proportionality in Public Law
Author | : CHUNG Wai Man, Franco |
Publsiher | : City University of HK Press |
Total Pages | : 696 |
Release | : 2020-06-30 |
Genre | : Law |
ISBN | : 9789629373788 |
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Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
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.
Comparative Administrative Law
Author | : Frank J. Goodnow |
Publsiher | : Unknown |
Total Pages | : 724 |
Release | : 1893 |
Genre | : Administrative law |
ISBN | : STANFORD:36105044111388 |
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Local Meanings of Proportionality
Author | : Afroditi Marketou |
Publsiher | : Cambridge University Press |
Total Pages | : 423 |
Release | : 2021-07-22 |
Genre | : Law |
ISBN | : 9781108834483 |
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A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
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.
Proportionality Principles in American Law
Author | : E. Thomas Sullivan,Richard S. Frase |
Publsiher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9780195324938 |
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From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.
The Principle of Proportionality in European Law A Comparative Study
Author | : Nicholas Emiliou |
Publsiher | : Springer |
Total Pages | : 332 |
Release | : 1996-02-23 |
Genre | : Law |
ISBN | : STANFORD:36105061745886 |
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The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
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.