proportionality principles in american law controlling excessive government actions

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Proportionality Principles In American Law

Author : E. Thomas Sullivan
ISBN : 9780195324938
Genre : Law
File Size : 57. 21 MB
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From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.

The Arc Of Due Process In American Constitutional Law

Author : E. Thomas Sullivan
ISBN : 9780199990801
Genre : Law
File Size : 75. 34 MB
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In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

Law Inequality

Author :
ISBN : UCR:31210024299032
Genre : Equality
File Size : 65. 60 MB
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The Constitutional Structure Of Proportionality

Author : Matthias Klatt
ISBN : 9780199662463
Genre : Law
File Size : 89. 39 MB
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Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

The Principle Of Proportionality

Author : Peter Hulsroj
ISBN : 9789400757752
Genre : Law
File Size : 26. 77 MB
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The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

Books In Print 2009 2010

Author :
ISBN : 0835250210
Genre : Publishers' catalogs
File Size : 83. 62 MB
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The Guide To American Law Supplement

Author : West Publishing Company
ISBN : 031403580X
Genre : Law
File Size : 68. 72 MB
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U S Army Counterinsurgency Handbook

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ISBN : 9781602391727
Genre : History
File Size : 50. 34 MB
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The US Armys official playbook for deception on the worlds deadliest stage

The Ultimate Rule Of Law

Author : David M. Beatty
ISBN : 0199269807
Genre : Law
File Size : 28. 40 MB
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The Ultimate Rule of Law examines judgments of leading courts around the world on issues such as religious freedom, sex discrimination, and social and economic rights. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. Beatty's analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.Readership: Scholars, practitioners, and students.

Jurisdiction In International Law

Author : Cedric Ryngaert
ISBN : 9780199688517
Genre : Law
File Size : 48. 33 MB
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

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