The rule would have listed factors to guide a judge's
proportionality determination: "the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving issues, whether the burden or expense of the proposed discovery outweighs its likely benefit, and the purpose for which the request is being made."
The Court of Justice invoked
proportionality proprio motu -- of its own motion -- to refuse compensation: it was sprung on us out of the blue for the first time in the judgement of the court.
proportionality assessment as clearly as possible is essential to the
In A Critique of
Proportionality and Balancing, Urbina argues that the principle of
proportionality is fatally susceptible to a conspectus of objections, and that public law should accordingly abandon
proportionality analysis altogether.
The Principle of
Proportionality as Applied in Israel
Keywords: nationwide electoral district,
proportionality, territorial representation, regions, Slovak Republic
I believe that we could use a bit more
proportionality in our industry, too.
Under the cloth of a supranational version of the national principle of
proportionality, European courts have actually radically altered the substance of European constitutional law (both supranational and national) by means of redefining its substantive content.
The speaker has presented two draft laws, one for an electoral law based on complete
proportionality, dividing Lebanon into six electoral constituencies, and another calling for the creation of a senate as stipulated by the Taif Accord.
According to a November Kroll report, "New Frontiers in E-Discovery," courts in 2016 sought to better educate attorneys on
proportionality and on preservation processes in relation to the 2015 amendments to the Federal Rules of Civil Procedure (FRCP).
(5) Among the most significant and contentious of these changes is the Rules' renewed focus on the concept of
proportionality in the scope of discovery, added in an effort to curb perceived over-discovery.