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The Function of Proportionality Analysis in European Law

2015-03-20 Law
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Release : 2015-03-20
Genre : Law
Kind : eBook
Book Rating : 47X/5 ( reviews)

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Book Synopsis The Function of Proportionality Analysis in European Law by : Tor-Inge Harbo

Download or read book The Function of Proportionality Analysis in European Law written by Tor-Inge Harbo. This book was released on 2015-03-20. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Principle of Proportionality in European Law:A Comparative Study

1996-02-23 Law
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Release : 1996-02-23
Genre : Law
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Book Synopsis The Principle of Proportionality in European Law:A Comparative Study by : Nicholas Emiliou

Download or read book The Principle of Proportionality in European Law:A Comparative Study written by Nicholas Emiliou. This book was released on 1996-02-23. 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.

Revisiting Proportionality in International and European Law

2021-05-12 Law
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Release : 2021-05-12
Genre : Law
Kind : eBook
Book Rating : 071/5 ( reviews)

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Book Synopsis Revisiting Proportionality in International and European Law by : Ulf Linderfalk

Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk. This book was released on 2021-05-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Proportionality Analysis and Models of Judicial Review

2013 Judicial review
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Release : 2013
Genre : Judicial review
Kind : eBook
Book Rating : 415/5 ( reviews)

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Book Synopsis Proportionality Analysis and Models of Judicial Review by : Benedikt Pirker

Download or read book Proportionality Analysis and Models of Judicial Review written by Benedikt Pirker. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)

The Principle of Proportionality in the Laws of Europe

1999-03-19 Law
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Release : 1999-03-19
Genre : Law
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Book Rating : 079/5 ( reviews)

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Book Synopsis The Principle of Proportionality in the Laws of Europe by : Evelyn Ellis

Download or read book The Principle of Proportionality in the Laws of Europe written by Evelyn Ellis. This book was released on 1999-03-19. 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.

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