proportionality


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proportionality

1 in English court practice, the relatively new principle that costs of a case should be related to its importance and value. It has had a dramatic effects on cost recovery and the conduct of litigation.
2 for European law see SUBSIDIARITY.
References in periodicals archive ?
General Objections to Proportionality as a Standard of Review
The same proportionality rule that protected us from technology may now be in danger of elimination by technology," he wrote.
Their early chapters offer an exceptionally rich historical account of some of the origins of proportionality analysis, which they show as grounded in German administrative law (although one could likely argue for earlier origins in older scholarship, parts of canon law, and older religious principles).
Part III analyzes the compatibility of AWS with some fundamental principles of IHL, namely the principle of distinction, the principle of proportionality, and personal responsibility.
Barak exalts the courts as the ultimate guardians of constitutional rights and downplays the many and profound differences that exist between countries that have adopted bills of rights and proportionality review.
Proportionality in Canadian Employment and Labour Contexts A.
The court found that the amendment in the law imposed restrictions on the defendant's right to free enterprise and violated the principle of the proportionality of the restriction.
The ontological proportionality we find in creatures between their capacity to be and their act of being is what makes it clear to us that they depend upon an ontologically precedent cause that is pure actuality, God.
There is an agreement that proportionality as an electoral principle allows the enhancement of partisan life, seeing how the competition is over projects and visions for the future of the country, debated with the participation of deputies from the majority and the minority.
Feghali said the Future Movement and its allies would lose 22 parliamentary seats under a proportionality system compared to the 2009 elections.
Here in Wales we have a Labour Party fighting to remove proportionality in an effort to preserve their single party state, in Scotland the beginnings of the race to independence and Nick Clegg feels that the constitutional fight worth fighting is this tinkering with the Lords which will only serve to present yet another opponent for the Commons to fight.
The principles of proportionality and minimization of collateral damage under Additional Protocol I to the Geneva Conventions (AP I), (7) as applicable to U.

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