Proportionality

DOWNLOAD

Download Proportionality PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Proportionality book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page

The Principle Of Proportionality In The Laws Of Europe

DOWNLOAD
Author : Evelyn Ellis
language : en
Publisher: Hart Publishing
Release Date : 1999-03-19

The Principle Of Proportionality In The Laws Of Europe written by Evelyn Ellis and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-19 with Law categories.

This book of essays examines the meaning of proportionality in a number of different contexts.

Proportionality

DOWNLOAD
Author : Aharon Barak
language : en
Publisher:
Release Date : 2012

Proportionality written by Aharon Barak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.

Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law.

The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr

DOWNLOAD
Author : Yutaka Arai-Takahashi
language : en
Publisher: Intersentia nv
Release Date : 2002

The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr written by Yutaka Arai-Takahashi and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.

5.2.3. Burden of Proof

Proportionality Principles In American Law

DOWNLOAD
Author : E. Thomas Sullivan
language : en
Publisher: Oxford University Press
Release Date : 2009

Proportionality Principles In American Law written by E. Thomas Sullivan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.

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.

Legitimate Expectations And Proportionality In Administrative Law

DOWNLOAD
Author : Robert Thomas
language : en
Publisher: Hart Publishing
Release Date : 2000-09

Legitimate Expectations And Proportionality In Administrative Law written by Robert Thomas and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09 with Law categories.

Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.

Necessity Proportionality And The Use Of Force By States

DOWNLOAD
Author : Judith Gardam
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-18

Necessity Proportionality And The Use Of Force By States written by Judith Gardam and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-18 with Law categories.

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Transparency And Proportionality In The Schengen Information System And Border Control Co Operation

DOWNLOAD
Author : Stephen Kabera Karanja
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2008

Transparency And Proportionality In The Schengen Information System And Border Control Co Operation written by Stephen Kabera Karanja and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.

This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.

Proportionality

DOWNLOAD
Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-21

Proportionality written by Vicki C. Jackson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with Law categories.

This book presents important new scholarship by leading figures in constitutional law on new challenges for proportionality doctrine.

Proportionality In Action

DOWNLOAD
Author : Mordechai Kremnitzer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30

Proportionality In Action written by Mordechai Kremnitzer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.

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

Proportionality In Investor State Arbitration

DOWNLOAD
Author : Gebhard B?cheler
language : en
Publisher: OUP Oxford
Release Date : 2015-06-11

Proportionality In Investor State Arbitration written by Gebhard B?cheler and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-11 with Law categories.

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.