The principle of proportionality indicated to, are that the criminal codes should contain specific maximums for crime or category of crimes. As to the applicable penalty, should be made distinctive not only between types of crimes but also between completed crimes and inchoate crimes. Unfortunately,...
Virginia Law Review91 (2005): pp. 737–741, and this Essay assumes that the principle of proportionality means that the harshness of the punishment should reflect our level of condemnation or disapproval of the criminal act. Youngjae Lee, “Why Proportionality...
1in 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. 2for European law seeSUBSIDIARITY. ...
In Western culture, the principle of proportionality traces to Aristotle's Nicomachean Ethics. In Aristotle's argument on political justice, citizens are defined as those "who are free and either proportionally or numerically equal." Today, the idea of proportionality permeates the law in various ...
pThe ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of ldquo;ultima ratiordquo; on the one hand and/or the principle of proportionality in German criminal and public law on the other hand. At the same time, the meaning ...
zhidao.baidu.com|基于32个网页 3. 比例性原则 在大多数我国台湾学者的著述中,都是指称“比例性原则”(principle of proportionality),或“狭义比例原则”,“比率原则”,是从 … xingzhengfa.calaw.cn|基于8个网页 更多释义 例句
Second, when it is a matter of ascertaining whether or not provisions of domestic law which interfere with fundamental freedoms are consistent with the Treaty, the principle of proportionality presupposes the promotion of market integration and the Court of Justice takes a stricter approach than whe...
Thereafter, we analyze and compare the use of the proportionality principle in punishment by the Chinese and Westerners. We conclude that Western definitions of harm and proportionate punishment are not universal, nor even consistently adhered to in Britain and the U.S....
However, this does not imply that proportionality will need to be actively enforced in every application of law. Instead, certain thresholds in the different stages of making, applying, and reviewing law, will influence to what extent proportionality surfaces as an "opera- tive" principle. In ...