Proportionality in law

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Information for Authority record

Name (Hebrew)
מידתיות במשפט
Name (Latin)
Proportionality in law
Name (Arabic)
مبدأ التناسب في القانون
Other forms of name
מידתיות (חוק)
See Also From tracing topical name
Law
MARC
MARC

Other Identifiers

Wikidata: Q603959
Library of congress: sh 96010689
Sources of Information
  • Work cat.: 95-42068: Emiliou, N. The principle of proportionality in European law : a comparative study, 1996.

Wikipedia description:

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 severity of the nature of the prohibited act. Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. Under international humanitarian law governing the legal use of force in an armed conflict, distinction, proportionality, and necessity are important factors in assessing military necessity. Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. The principle of proportionality, codified in Additional Protocol I, prohibits attacks "which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated" from the attack.

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