| Article | The Principle of Proportionality in Judicial Practice |
|---|---|
| Authors | Pohrebniak S. |
| Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
| Issue | 2 / 2012 |
| Pages | 49 - 55 |
| Annotation | The article is devoted to proportionality as a general principle of law. This principle origin is analyzed, the peculiarities of its interpretation in the Ancient Times, in the Middle Ages and in the Modern Time are demonstrated. The structure and criteria of the judicial proportionality test that has to be administrated by the Court are analyzed. The content of the principle of proportionality is defined; its basic requirements are considered. |
| Keywords | proportionality, adequacy, redundancy, legitimate aim, suitable and necessary measures, weighing and balancing, proportionality test. |
| References | |
| Electronic version | Download |