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HandWiki. Proportionality (Law). Encyclopedia. Available online: https://encyclopedia.pub/entry/28836 (accessed on 13 September 2026).
HandWiki. Proportionality (Law). Encyclopedia. Available at: https://encyclopedia.pub/entry/28836. Accessed September 13, 2026.
HandWiki. "Proportionality (Law)" Encyclopedia, https://encyclopedia.pub/entry/28836 (accessed September 13, 2026).
HandWiki. (2022, October 11). Proportionality (Law). In Encyclopedia. https://encyclopedia.pub/entry/28836
HandWiki. "Proportionality (Law)." Encyclopedia. Web. 11 October, 2022.
Proportionality (Law)
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The content is sourced from: https://handwiki.org/wiki/Social:Proportionality_(law)

Proportionality is a general principle in law which covers several special (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, it 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.

humanitarian law statutory interpretation proportionality

References

  1. Hirschberg 1981, p. 6.
  2. BVerfGE 3, 383, 399 (1954)
  3. P Craig and G de Burca, EU Law (5th edn OUP 2011) 526
  4. Dolzhikov, Alexey V. (2011-12-09) (in en). The European Court of Human Rights on the Principle of Proportionality in 'Russian' Cases. Rochester, NY. https://papers.ssrn.com/abstract=2695159. 
  5. Constitution (Cth) s 51. http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s51.html
  6. Leask v Commonwealth [1996] HCA 29, (1996) 187 CLR 579, High Court (Australia). http://www.austlii.edu.au/au/cases/cth/HCA/1996/29.html
  7. Burton v Honan [1952] HCA 30, (1952) 86 CLR 169, High Court (Australia). http://www.austlii.edu.au/au/cases/cth/HCA/1952/30.html
  8. "FindLaw | Cases and Codes". Caselaw.lp.findlaw.com. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=463&invol=277. 
  9. "Rule 26. Duty to Disclose; General Provisions Governing Discovery | Federal Rules of Civil Procedure | LII / Legal Information Institute". Law.cornell.edu. https://www.law.cornell.edu/rules/frcp/rule_26. 
  10. Kozubek, Michael (2011-03-01). "Proportionality Doctrine Reduces E-Discovery Costs and Abuses". Insidecounsel.com. http://www.insidecounsel.com/2011/03/01/proportionality-doctrine-reduces-ediscovery-abuses-and-costs. 
  11. Article 52 of Additional Protocol I to the Geneva Conventions provides a widely accepted definition of military objective: "In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage", (Moreno-Ocampo 2006)
  12. Shamash 2005–2006.
  13. Moreno-Ocampo 2006, pp. 4–5. See section "Allegations concerning War Crimes".
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