Gabriel Bernardino, Chairman of EIOPA, said: The results of this peer review demonstrate the effective approach of national competent authorities in applying the principle of proportionality
in their assessment of key functions.
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.
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.
Some states, such as Minnesota, Pennsylvania, and Utah, have implemented proportionality
standards into their civil rules.