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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 ...
English: Basic Law for the Federal Republic ... File history. Click on a date/time to view the file as it appeared at that time. ... Basic Law for the Federal ...
The BDSG supersedes any other federal law that relates to personal information and its publication (§ 1 III BDSG). 4. Principle of proportionality: The creation of standards restrict the fundamental rights of the affected person. Therefore, these laws and procedures must be appropriate and necessary. A balancing of interests must occur. 5.
The Basic Law for the Federal Republic of Germany [1] (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May.
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 ...
After studying law at the University of Bielefeld, the Albert-Ludwigs-Universität in Freiburg and Harvard Law School, Lübbe-Wolff received her doctorate in law at Freiburg im Breisgau. From 1979 to 1987 she was a research assistant at Bielefeld, focusing on public law, the constitutional history of the modern age, and philosophy of law.
The interpretations of the code's usage are contradictory; some [who?] interpret the laws as well known for being simple to read and interpret, without much abstract, being rather an every-day regulating laws, but others [who?] point out that while the code was written in German, it used an incredibly casuistic and imprecise language, making it hard to properly understand and use in practice.
(Proportionality may be examined by testing if the law is appropriate and adapted to some means.) Dawson J noted that the test of whether the measures in a law are appropriate and necessary to achieve certain objectives, while used in Europe, was irrelevant for the Australian Constitution; "[t]hey are essentially political rather than judicial ...