Proportionality Principles In American Law

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Proportionality Principles In American Law

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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.

Proportionality Principles In American Law

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Author : E. Thomas Sullivan
language : en
Publisher:
Release Date : 2009

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

The Principle Of Proportionality In European Law A Comparative Study

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Author : Nicholas Emiliou
language : en
Publisher: Springer
Release Date : 1996-02-23

The Principle Of Proportionality In European Law A Comparative Study written by Nicholas Emiliou and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-23 with Business & Economics categories.

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

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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21

Proportionality And The Rule Of Law written by Grant Huscroft 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 2014-04-21 with Law categories.

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

Proportionality Principles In American Law

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Author : E. Thomas Sullivan
language : en
Publisher: Oxford University Press
Release Date : 2008-12-05

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 2008-12-05 with Law categories.

From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights and liberties.

Comparative Constitutional Law

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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Comparative Constitutional Law written by Tom Ginsburg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Proportionality And Fair Taxation

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Author : J.D. Rolim
language : en
Publisher:
Release Date : 2017

Proportionality And Fair Taxation written by J.D. Rolim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

This article is a summary of the findings of the book "Proportionality and Fair Taxation" published in 2014, in which the author investigated the role of the proportionality principle coupled with the standard of reasonableness in assessing specific tax issues and the overall fairness of particular taxes and tax systems. Among those issues, the author points out equality and non-discrimination, retrospective taxation, tax penalties and sanctions, specific and general anti-avoidance rules, as well as the application of proportionality in tandem with reasonableness in double taxation conventions, human rights and tax related rules of international trade.

The Oxford Handbook Of Sentencing And Corrections

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Author : Joan Petersilia
language : en
Publisher: Oxford University Press
Release Date : 2015

The Oxford Handbook Of Sentencing And Corrections written by Joan Petersilia 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 2015 with Law categories.

This handbook surveys American sentencing and corrections from global and historical views, from theoretical and policy perspectives, and with attention to a number of problem-specific issues.

Courts Politics And Constitutional Law

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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16

Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Necessity And Proportionality In International Peace And Security Law

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Author : Claus Kreß
language : en
Publisher:
Release Date : 2021

Necessity And Proportionality In International Peace And Security Law written by Claus Kreß and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.

There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.