The Principle of Proportionality in European Law:A Comparative Study - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Principle of Proportionality in European Law:A Comparative Study write by Nicholas Emiliou. This book was released on 1996-02-23. The Principle of Proportionality in European Law:A Comparative Study available in PDF, EPUB and Kindle. 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.
The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR
The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR write by Yutaka Arai-Takahashi. This book was released on 2002. The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR available in PDF, EPUB and Kindle. 5.2.3. Burden of Proof
The Concept of Proportionality in Public Law
The Concept of Proportionality in Public Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Concept of Proportionality in Public Law write by CHUNG Wai Man, Franco. This book was released on 2020-06-30. The Concept of Proportionality in Public Law available in PDF, EPUB and Kindle. 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.
General Principles of EU Civil Law
General Principles of EU Civil Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General Principles of EU Civil Law write by Norbert Reich. This book was released on 2013. General Principles of EU Civil Law available in PDF, EPUB and Kindle. 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.
Dictionary of Global Bioethics
Dictionary of Global Bioethics - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Dictionary of Global Bioethics write by Henk ten Have. This book was released on 2021-05-26. Dictionary of Global Bioethics available in PDF, EPUB and Kindle. 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.
