Download or read book The Principle of Proportionality in European Law A Comparative Study written by Nicholas Emiliou and published by Springer. This book was released on 1996-02-23 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dictionary of Global Bioethics written by Henk ten Have and published by Springer Nature. This book was released on 2021-05-26 with total page 1063 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Dictionary presents a broad range of topics relevant in present-day global bioethics. With more than 500 entries, this dictionary covers organizations working in the field of global bioethics, international documents concerning bioethics, personalities that have played a role in the development of global bioethics, as well as specific topics in the field.The book is not only useful for students and professionals in global health activities, but can also serve as a basic tool that explains relevant ethical notions and terms. The dictionary furthers the ideals of cosmopolitanism: solidarity, equality, respect for difference and concern with what human beings- and specifically patients - have in common, regardless of their backgrounds, hometowns, religions, gender, etc. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses.This book demonstrates that a moral vision of global health is necessary and it helps to quickly understand the basic ideas of global bioethics.
Download or read book The Concept of Proportionality in Public Law written by CHUNG Wai Man, Franco and published by City University of HK Press. This book was released on 2020-06-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR written by Yutaka Arai-Takahashi and published by Intersentia nv. This book was released on 2002 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5.2.3. Burden of Proof
Download or read book Searching for a Principle of Humanity in International Humanitarian Law written by Dr Kjetil Mujezinovic Larsen and published by Cambridge University Press. This book was released on 2013 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Download or read book Proportionality in International Humanitarian Law written by Amichai Cohen and published by Oxford University Press. This book was released on 2021 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Proportionality in International Law written by Michael A. Newton and published by Oxford University Press, USA. This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book General Principles of EU Civil Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Complex Battlespaces written by Christopher M. Ford and published by Lieber Studies. This book was released on 2018-12-21 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This workshop, Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare, was held at West Point on October 24-26, 2016. It marked the official opening of the Lieber Institute." -- ECIP forword.
Download or read book Necessity Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rules and Principles in European Contract Law written by Jacobien Rutgers and published by Intersentia. This book was released on 2015-03-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]
Download or read book Fair Balance Proportionality Subsidiarity and Primarity in the European Convention on Human Rights written by Jonas Christoffersen and published by BRILL. This book was released on 2009-06-02 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.
Download or read book The Principle of Proportionality in the Laws of Europe written by Evelyn Ellis and published by Hart Publishing. This book was released on 1999-03-19 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Contemporary Law of Targeting written by Ian Henderson and published by BRILL. This book was released on 2009-10-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed conflict is about using force to achieve goals. As international humanitarian law regulates the means and methods that a belligerent may adopt to achieve its goals, there will inevitably be disagreements over the interpretation of that law. As for the rules that regulate targeting, the main difficulties arise over what is a lawful target and what is proportional collateral damage. This book provides a detailed analysis of those issues. Also, a chapter is dedicated to considering how United Nations Security Council sanctioning of participation in an armed conflict might affect the range of lawful targets available to a belligerent. Finally, a process is described by which legal responsibility for targeting decisions can be assessed in a complex decision-making environment.
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
