When the proposal was revisited this spring, the factors to be considered in assessing
proportionality were stripped away.
It still rankles not only because the highest court in Europe behaved like a kangaroo court but more importantly, because there were powerful arguments why
proportionality is irrelevant to illegality.
proportionality in Additional Protocol I mentions three types of harm or
First, his critique of
proportionality analysis relies on a conception of the rule of law that ignores its connections to the deep normative principles of a legal system, selling the rule of law short by focusing only on the value of holding officials to the provisions of formal legal rules.
International humanitarian law recognizes the necessity of requiring that military actions remain within a framework of
proportionality in order to best protect civilian populations during a time of war.
Instead, the text focuses on the value-neutral concept of the (dis)proportionality of electoral results, both in terms of the allocation of parliamentary seats among political parties (seats-votes
proportionality) and in terms of representation of various regions in relation to their electorate (
proportionality of territorial representation).
In section 1 I challenge the standard characterization of the principle of
proportionality in mainstream European legal studies and propose using
proportionality as a critical reconstructive yardstick.
A senior Hezbollah official sounded upbeat that a new electoral law based on complete
proportionality would be endorsed soon.
According to Lange, "Parties cannot purposely ignore or recklessly fail to address the new
proportionality requirements of Rule 26(b)(1).
Specifically, this Note shows that, even if over-discovery is a rampant problem with
proportionality as its solution--a contention that is not well supported by empirical evidence--the new Rule 26(b) does little that will effect change in federal civil litigation practice.