Proportionality In Law

Author : David Duarte,Jorge Silva Sampaio
Publisher : Springer
Page : 200 pages
File Size : 43,6 Mb
Release : 2018-07-09
Category : Law
ISBN : 3319896466

Get Book

Proportionality in Law by David Duarte,Jorge Silva Sampaio Pdf

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.

Author : Aharon Barak
Publisher : Cambridge University Press
Page : 638 pages
File Size : 52,5 Mb
Release : 2012-01-19
Category : Law
ISBN : 1107401194

Get Book

Proportionality by Aharon Barak Pdf

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.

Author : Tor-Inge Harbo
Publisher : Hotei Publishing
Page : 349 pages
File Size : 45,7 Mb
Release : 2015-03-20
Category : Law
ISBN : 9789004289475

Get Book

The Function of Proportionality Analysis in European Law by Tor-Inge Harbo Pdf

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.

Author : Grant Huscroft,Bradley W. Miller,Grégoire Webber
Publisher : Cambridge University Press
Page : 433 pages
File Size : 48,9 Mb
Release : 2014-04-21
Category : Law
ISBN : 9781107064072

Get Book

Proportionality and the Rule of Law by Grant Huscroft,Bradley W. Miller,Grégoire Webber Pdf

Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.

Author : Frank J. Goodnow
Publisher : Unknown
Page : 724 pages
File Size : 43,9 Mb
Release : 1893
Category : Administrative law
ISBN : STANFORD:36105044111388

Get Book

Comparative Administrative Law by Frank J. Goodnow Pdf

Author : Michael A. Newton,Larry May
Publisher : Oxford University Press, USA
Page : 354 pages
File Size : 55,6 Mb
Release : 2014
Category : Law
ISBN : 9780199355037

Get Book

Proportionality in International Law by Michael A. Newton,Larry May Pdf

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.

Author : Ulf Linderfalk,Eduardo Gill-Pedro
Publisher : BRILL
Page : 230 pages
File Size : 48,9 Mb
Release : 2021-05-12
Category : Law
ISBN : 9789004448070

Get Book

Revisiting Proportionality in International and European Law by Ulf Linderfalk,Eduardo Gill-Pedro Pdf

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.

Author : Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Publisher : Cambridge University Press
Page : 689 pages
File Size : 46,9 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108497589

Get Book

Proportionality in Action by Mordechai Kremnitzer,Talya Steiner,Andrej Lang Pdf

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Author : CHUNG Wai Man, Franco
Publisher : City University of HK Press
Page : 696 pages
File Size : 43,8 Mb
Release : 2020-06-30
Category : Law
ISBN : 9789629373788

Get Book

The Concept of Proportionality in Public Law by CHUNG Wai Man, Franco Pdf

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.

Author : Amichai Cohen,David Zlotogorski
Publisher : Oxford University Press
Page : 281 pages
File Size : 47,7 Mb
Release : 2021
Category : Law
ISBN : 9780197556726

Get Book

Proportionality in International Humanitarian Law by Amichai Cohen,David Zlotogorski Pdf

The principle of proportionality is one of the cornerstones of International Humanitarian Law. Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, & accepted as almost axiomatic. Yet, the exact meaning of this principle is vague. Almost every issue is in dispute. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military & civilian purposes?

Author : David Duarte,Jorge Silva Sampaio
Publisher : Springer
Page : 192 pages
File Size : 44,8 Mb
Release : 2018-07-30
Category : Law
ISBN : 9783319896472

Get Book

Proportionality in Law by David Duarte,Jorge Silva Sampaio Pdf

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.

Author : Megan Pearson
Publisher : Taylor & Francis
Page : 216 pages
File Size : 52,6 Mb
Release : 2017-03-16
Category : Law
ISBN : 9781317074564

Get Book

Proportionality, Equality Laws, and Religion by Megan Pearson Pdf

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Author : Francisco Javier Urbina Molfino,Francisco J. Urbina
Publisher : Cambridge University Press
Page : 289 pages
File Size : 50,8 Mb
Release : 2017
Category : Law
ISBN : 9781107175068

Get Book

A Critique of Proportionality and Balancing by Francisco Javier Urbina Molfino,Francisco J. Urbina Pdf

This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.

Author : Claus Kreß,Robert Lawless
Publisher : Oxford University Press, USA
Page : 527 pages
File Size : 44,6 Mb
Release : 2020-11-30
Category : Law
ISBN : 9780197537374

Get Book

Necessity and Proportionality in International Peace and Security Law by Claus Kreß,Robert Lawless Pdf

"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--

Author : E. Thomas Sullivan,Richard S. Frase
Publisher : Oxford University Press
Page : 297 pages
File Size : 53,7 Mb
Release : 2009
Category : Law
ISBN : 9780195324938

Get Book

Proportionality Principles in American Law by E. Thomas Sullivan,Richard S. Frase Pdf

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.