The Principle Of Proportionality In The Laws Of Europe
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The Principle Of Proportionality In The Laws Of Europe
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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.
The Concept Of Proportionality In Public Law
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Author : CHUNG Wai Man, Franco
language : en
Publisher: City University of HK Press
Release Date : 2020-06-30
The Concept Of Proportionality In Public Law written by CHUNG Wai Man, Franco and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.
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.
The Principle Of Proportionality In The Laws Of Europe
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Author : Evelyn Elllis
language : en
Publisher: Bloomsbury Publishing
Release Date : 1999-05-01
The Principle Of Proportionality In The Laws Of Europe written by Evelyn Elllis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-01 with Law categories.
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
Revisiting Proportionality In International And European Law
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Author : Ulf Linderfalk
language : en
Publisher: BRILL
Release Date : 2021-05-12
Revisiting Proportionality In International And European Law written by Ulf Linderfalk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-12 with Law categories.
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’. This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
Eu Administrative Law
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Author : Paul Craig
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-03-22
Eu Administrative Law written by Paul Craig and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. 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 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
European Union Law
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Author : Damian Chalmers
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-24
European Union Law written by Damian Chalmers 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 2010-06-24 with Law categories.
This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
The Function Of Proportionality Analysis In European Law
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Author : Tor-Inge Harbo
language : en
Publisher: Hotei Publishing
Release Date : 2015-03-20
The Function Of Proportionality Analysis In European Law written by Tor-Inge Harbo and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-20 with Law categories.
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
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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 And Deference Under The Uk Human Rights Act
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Author : Alan D. P. Brady
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-03
Proportionality And Deference Under The Uk Human Rights Act written by Alan D. P. Brady 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 2012-05-03 with Law categories.
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.