Sökning: "Proportionality principle"
Visar resultat 1 - 5 av 15 avhandlingar innehållade orden Proportionality principle.
1. Rimlighetsavvägningens rationalitet : Om mötet mellan ekonomi och miljö i domstolsprövningar
Sammanfattning : In environmental cases, The Swedish Land and Environmental courts have not only to consider environmental interests but also economic interests. The overall aim is to achieve both a good environment and maintain an industry that generates jobs and contributes to welfare. LÄS MER
2. The Proportionality Principle as a Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms
Sammanfattning : This thesis analyses the operations of the principle of proportionality when the Court of Justice reviews national measures that restrict the fundamental freedoms laid down in the EU Treaties. That judicial review often entails balancing of rights, and this study is a quest for coherence in the adjudication of different, and at times perplexing legal norms, of various national and international origins Many have held that the principle of proportionality is applied in EU law as a tool for integration. LÄS MER
3. Om skyddet mot retroaktiv beskattning : En studie i konstitutionell rätt
Sammanfattning : What kind of protection exists concerning retroactive taxation? The purpose of this study is to examine the overall protection against retroactive taxation in Swedish law, including the European Convention on Human Rights and European Union law. Furthermore the study aims to clarify the interpretive aspects of the problem of retroactivity. LÄS MER
4. Straffvärde – som rättslig konstruktion
Sammanfattning : This doctoral thesis examines the concept of penalty value (Sw. straffvärde), which is central for Swedish sentencing law. It is impossible to determine the penalty for a crime without establishing a penalty value, and the penalty value is usually of essential importance for how severe the sentence will be. LÄS MER
5. Defining, Regulating and Balancing Rights : A Constitutional Law Study of Indigenous Peoples' Rights to Land and Natural Resources in the Russian Federation
Sammanfattning : Article 69 of the Russian Constitution proclaims that the Russian Federation shall guarantee the rights of indigenous minority peoples in accordance with generally recognized principles and norms of international law (in essence, customary international law), as well as international treaties of the Russian Federation. Furthermore, under Article 15(4) of the Constitution, international law is an integral part of the Russian legal system. LÄS MER