The principle of proportionality in the laws of Europe
著者
書誌事項
The principle of proportionality in the laws of Europe
Hart, 1999
- : cloth
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
目次
- Recent developments in the principle proportionality in European Community law, Francis G. Jacobs
- proportionality and the European Convention on Human Rights, Jeremy McBride
- the effect of proportionality on the actions of member states of the European Community - national viewpoints from continental Europe, Walter van Gerven
- proportionality in European Community law - searching for the appropriate standard of scrutiny, Takis, Tridimas
- unreasonableness and proportionality in UK law, Paul Craig
- the influence of the European principle of proportionality upon UK law, The Rt. Hon. Lord Hoffmann
- proportionality and the Human Rights Act 1998, David Feldman
- proportionality and the supremacy of parliament in the UK, Nicholas Green
- the concept of proportionality in European Community sex discrimination law.
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