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Vol 23 No 5 May/June 2018

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The Principle of Proportionality in the Laws of Europe

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Edited by: Evelyn Ellia

ISBN13: 9781841130071
ISBN: 1841130079
Published: May 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

Usually despatched in 1 to 3 weeks.

This collection of essays is the product of a conference held at the University of Birmingham in 1998, and it contains contributions from 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 analyzed 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 impact in the UK after incorporation of the European Convention.

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EU Law
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.