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 ?
This is why we warmly welcome the European Commission's decision to include three of our members in the new Task Force on Subsidiarity and Proportionality ", said President Lambertz.
Keywords: nationwide electoral district, proportionality, territorial representation, regions, Slovak Republic
I believe that we could use a bit more proportionality in our industry, too.
The way European courts go about proportionality entails assigning to the right to private property and to entrepreneurial freedom (as operationalized through the four economic freedoms and the principle of undistorted competition) an abstract and a concrete constitutional weight that places off the realm of the constitutionally possible key public policies without which some of the fundamental collective goods at the core of the Social and Democratic Rechtsstaat become extremely vulnerable.
A senior Hezbollah official sounded upbeat that a new electoral law based on complete proportionality would be endorsed soon.
Rule 26 concerns proportionality, the scope of discovery, and the production of discoverable items.
14) This step addressed some of the discovery issues that the Committee has attributed to the previous structure of Rule 26(b), (15) including courts not applying the proportionality factors (16) and courts applying the factors without the "proportionality" label (17)--issues that the Committee believed only furthered the purportedly rampant issue of over-discovery.
Some states, such as Minnesota, Pennsylvania, and Utah, have implemented proportionality standards into their civil rules.
Unfortunately, the practical application of the principle of proportionality has continuously met with strong resistance where traditional notions of broad and liberal discovery remain entrenched in the jurisprudence surrounding questions related to scope.
Proportionality Elsewhere: The United States in Comparative
Proportionality and the Rule of Law--Rights, Justification, Reasoning
Moshe Cohen-Eliya & Iddo Porat, Proportionality and Constitutional Culture (Cambridge University Press 2013)

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