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Proportionality is a general principle in law which covers several separate (although related) concepts: . The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the ...
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
When Germany was divided into a democratic capitalist state in the West and a socialist state in the East after World War II, the BGB continued to regulate the civil law in both parts of Germany. Over time the BGB regulations were replaced in East Germany by new laws, beginning with a family code in 1966 and ending with a new civil code ...
Samuel Freiherr von Pufendorf (8 January 1632 – 26 October 1694) was a German jurist, political philosopher, economist and historian.He was born Samuel Pufendorf and ennobled in 1694; he was made a baron by Charles XI of Sweden a few months before his death at age 62.
The law of Germany (German: Recht Deutschlands), that being the modern German legal system (German: deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to ...
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights.
Degressive proportionality is intermediate between those two approaches. Degressive proportionality can be achieved through various methods, and the term does not describe any one particular formula. Any system that reserves a minimum number of seats for a sub-body is to some extent degressively proportional. [citation needed]
The conferral principle also guarantees the principle of proportionality, establishing that the European Union should undertake only the minimum necessary actions. The principle of subsidiarity is one of the core principles of the European law, [2] and is especially important to the European intergovernmentalist school of thought.