Search for dissertations about: "proportionality principle"
Showing result 1 - 5 of 6 swedish dissertations containing the words proportionality principle.
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1. The Proportionality Principle as a Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms
Abstract : 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. READ MORE
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2. Defining, Regulating and Balancing Rights : A Constitutional Law Study of Indigenous Peoples' Rights to Land and Natural Resources in the Russian Federation
Abstract : 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. READ MORE
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3. European Convention on Human Rights in Latvia: Impact on legal doctrine and application of legal norms
Abstract : Latvia offers an excellent point of departure for evaluating the influence of international human rights law through the European Convention on Human Rights on a sovereign state that has established itself as a democratic political system in the decline of the 20th century. This book explores the impact of the Convention on the domestic implementation of human rights provisions by studying the case law of the Constitutional Court and the Supreme Court, including the doctrinal concepts applied by these courts. READ MORE
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4. Making EU Legislation in the Area of Criminal Law : A Swedish Perspective
Abstract : This dissertation discusses the essential criticisms against the use of EU criminal law from the point of departure that criminal law should ideally be negotiated with a high degree of respect for essential criminalisation principles. The purpose of this is to minimize the risk of over-criminalisation. READ MORE
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5. The Right to Property and the European Convention on Human Rights. A Nordic Approach
Abstract : The Nordic constitutions secure the right to property. A fundamental issue under the constitutional provisions guaranteeing the right to property has traditionally been how to distinguish between interference with property rights which come under their scope and those which do not and hence in principle do not enjoy any constitutional protection. READ MORE
