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Books > Law > Jurisprudence & general issues > Comparative law
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The Principle of Proportionality in European Law - A Comparative Study (Paperback)
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The Principle of Proportionality in European Law - A Comparative Study (Paperback)
Series: European Monographs Series Set
Expected to ship within 10 - 15 working days
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Proportionality embodies a basic concept of fairness to strengthen
the protection of individual rights at both the national and
supranational level. The purpose of this book is to examine the
impact of the principle of proportionality in the legal systems of
Germany, France and the European Community, where the principle of
proportionality plays a pivotal role in balancing the rights and
obligations of the individual. The definition of proportionality as
used in this work is quite broad: measures adopted by public
authorities should not exceed the limits of what is appropriate and
necessary in order to attain legitimate objectives in the public
interest. As many important general principles of law as applied by
the Court of Justice have been borrowed from German and French law,
and a comparative study of the various forms which this principle
has assumed in both German and French public law is presented. The
areas of substantive law examined are the law of the common
agricultural policy and the free movement of goods. The fundamental
question is also raised as to whether proportionality allows judges
to interfere with official decisions, thus breaching the principle
of the separation of powers. This work argues that proportionality
involves the state-citizen relationship and could be considered as
a response to the historical experience that public authorities,
national and supranational, function with the tendency to impair
freedom of the individual.
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