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Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning, but in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportional Justice
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., '' schadenfreude'', sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes), exile (prevention of opportunity) and rehabilitation of the offender. The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's '' De Legibus'' (1st century BC), Immanuel Kant's ''Science of Right'' (1790), and Georg Wilhelm Friedrich Hegel's '' Elements of the Philosophy of Right'' (1821). The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses, which refers to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of Australia
The chief justice of Australia is the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Stephen Gageler, since 6 November 2023. Constitutional basis The office of chief justice is established under section 71 of the Constitution of Australia, which establishes the High Court as consisting of a chief justice and at least two other justices. The court was constituted by, and its first members were appointed under, the Judiciary Act 1903, with the first appointments to the High Court commencing on 5 October 1903. Role The chief justice is first among equals among the justices of the High Court, and the position differs little from that of the other justices. All Justices, including the chief justice, are appointed by the governor-general of Australia, on the advice of the federal government. They can be removed only by the governor-general, on a request from both houses of the federal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.Graham Perkin �Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) Dixon served as a justice of the High Court of Australia, High Court for 35 years, including a 12 year period as Chief Justice. He was considered in his time to be one of the world's leading common law jurists, and his judgments reportedly "carried persuasive effect wherever the common law was applied". In his lifetime, he was showered globally with various honours, including an appointment to the Privy Council, various honours such as the Order of St Michael and St George, GCMG and Order of Merit, as well as honorary degrees from the university of Oxford, Harvard, Melbourne, and the Australian National University, as well as an award from Yale for "services to mankind". The Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Kirby (judge)
Michael Donald Kirby (born 18 March 1939) is an Australian jurist and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009. He has remained active in retirement; in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea, which reported in February 2014. Early life and education Michael Donald Kirby was born on 18 March 1939 at Crown Street Women's Hospital to Donald and Jean Langmore (née Knowles) Kirby. He was the eldest of five siblings, followed by twins Donald William and David Charles (the latter died at 18 months from pneumonia), David, and Diana Margaret. In 1943 his grandmother, Norma Gray, remarried and her second husband was Jack Simpson, National Treasurer of the Australian Communist Party. Although Kirby came to admire Simpson, neither he nor his immediate family embraced the ideology. His father supported the Australian Labor Party but never became a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51 Of The Constitution Of Australia
Section 51 of the Constitution of Australia enumerates the legislative powers granted to the Parliament of Australia by the Australian States at Federation. Each subsection, or 'head of power', provides a topic under which the parliament is empowered to make laws. There are other sections in the constitution that enable the parliament to enact laws, although the scope of those other sections are generally limited in comparison with section 51. The powers The powers enumerated within section 51 are reflective in their topics of being those that Australia's colonies perceived as being best within the purview of a national government. The full list of powers is available on the Australian Parliament'website In modern times, the most prominent heads of power for Commonwealth legislative purposes are arguably: (i) the interstate trade and commerce power, (ii) the taxation power, (xx) the corporations power, and (xxix) the external affairs power. This is because these sections ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Margin Of Appreciation
The margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights. The doctrine allows the court to reconcile practical differences in implementing the articles of the convention. Such differences create a limited right for contracting parties "to derogate from the obligations laid down in the Convention". The doctrine also reinforces the role of the European Convention as a supervisory framework for human rights. In applying that discretion, the court's judges must take into account differences between domestic laws of the contracting parties as they relate to substance and procedure. The margin of appreciation doctrine contains concepts that are analogous to the principle of subsidiarity, which occurs in the unrelated field of EU ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kücükdeveci V Swedex GmbH & Co KG
''Kücükdeveci v Swedex GmbH & Co KG'' (2010) is a leading EU labour law case, which held that there is a general principle of law in all European Union member states, against discrimination, and in favour of equal treatment. Facts Ms Kücükdeveci argued that the German service related statutory minimum notice period, because it disregarded employment before the age of 25, was unjustifiably discriminatory against young people. She started work at age 18 for Swedex, and was dismissed in 2006 after ten years service. She argued that under the German Civil Code German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ge ..., BGB §622 (which was enacted in 1926, 4 that she received only one month was discriminatory. She should have had four, were it not for the under-25 exception. After the L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
