She had been persuaded on grounds of proportionality that she should not adjourn the hearing. |
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In such cases the need to protect the public takes priority over the principle of proportionality. |
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Some of these decisions are applications of the requirement of proportionality of punishment to offence. |
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If sales growth is lower than inventory growth, inventories are liquidated to once again restore proportionality. |
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In between both extremes, there is a range of models of degressive proportionality. |
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Throughout his argument Lord Kingsland repeatedly invoked the well-recognised EC principles of legal certainty and proportionality. |
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There must be a reasonable relationship of proportionality between the means employed and the aim sought to be achieved. |
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Such investigations are accordingly inconsistent with the principle of proportionality. |
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The best hope was that it would offer other safe harbors and define proportionality more flexibly. |
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Debt would be written off or suspended below a particular benchmark and proportionality would be used above the benchmark. |
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The page states Newton's second law of motion as mass and acceleration having a relationship of inverse proportionality. |
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The constant of proportionality was taken to be a universal constant of nature. |
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You said to the committee that the speaking slots were allocated in terms of proportionality. |
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Examining the legality of the route demands a detailed proportionality assessment. |
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There is, moreover, a close connection between claims based on misuse of powers and those based on proportionality. |
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In the national court, proportionality has to be judged according to national conditions. |
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Force must be used in accordance with the principles of proportionality and necessity. |
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Wider representation or proportionality is delivered through the Senate. |
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The striking of a fair balance lies at the heart of proportionality. |
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Nowadays the constant of proportionality is known as the Hubble constant. |
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The principle of proportionality requires the House to consider whether there was a pressing necessity to impose a legal rather than an evidential burden on the accused. |
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Consociation also mandates the two features of credible multiculturalism, namely proportionality and community autonomy. |
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The representative of Switzerland wondered whether the Special Rapporteur could enlarge on the idea of proportionality. |
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Principles for conducting war include noncombatant immunity and proportionality. |
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However, an examination of the necessity and the proportionality of the present initiative is not easily done. |
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If I am right, the real issue is to gauge the proportionality of the intrusion, not to inveigh against all intrusions. |
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It implements an amendment to the international agreement which as such respects the principle of proportionality. |
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The proposed distribution of seats in the European Parliament is based on the principle of digressive proportionality. |
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This weapon introduces better proportionality, as it mitigates between the use of a truncheon and a firearm. |
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Any such action needs to respect the principles of subsidiarity and proportionality and must not encroach on the competence of the Member States. |
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The necessity and proportionality of data processing need to be considered on a case-by-case basis. |
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For nearly 40 years now the principles of discrimination, precaution and proportionality have been flouted through the use of cluster munitions. |
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On the home-is-my-castle principle, domestic users have been exempt from rules governing privacy and proportionality. |
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Future elections need to include some level of proportionality, so young peoples' voices can be heard more strongly nationwide. |
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Further, the principles of necessity and proportionality should always be respected. |
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First, in regard to the principle of proportionality, we want to know who is responsible for the presence of civilians on the battlefield. |
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Exclusion decisions or measures shall be based on the principle of proportionality. |
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This legislation provides that police officers must respect the principles of legality, proportionality and the public interest. |
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In such cases, it may be within the realm of proportionality to address the youth's needs as part of a youth sentence. |
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Dose proportionality is observed following the administration of 1 to 5 mg cilazapril. |
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The proposals for electoral reform by the 1998 Jenkins commission combine the Australian system of the alternative vote with a small top-up to ensure greater proportionality. |
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The principle of proportionality, which derives from legality concepts, requires that the sanction for an offense be in accordance with its reproachfulness. |
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It is arbitrary to impose a sentence that can neither be justified on preventive grounds nor justified on the basis of retributive proportionality. |
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He talked about proportionality in linear and non-linear relationships. |
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His most recent book is proportionality in International Law, published by Oxford University Press. |
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Noting that my percentages were off still dodges the argument about proportionality. |
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Euclid wished to discover whether there existed a simple geometrical proportionality between the apparent size of equal and parallel lines and their distances from the eye. |
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But the report found that providing for a longer time limit would weaken the court's role and make the principle of proportionality, which seeks to limit the costs of proceedings, seem like an illusive goal. |
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In the alternative, the applicant submits that should Elf Aquitaine not be exonerated, its pleas regarding infringement of the proportionality principle are still well-founded. |
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In fact, the implementations of PR that achieve the highest levels of proportionality tend to include districts with large numbers of seats. |
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The Criminal Code also recognizes the principles of nulla poena sine culpa and proportionality, and therefore in no case can the sentence go beyond the measure of guilt. |
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This assumption of proportionality holds true for flows with a self-similar velocity profile. |
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In support of his claims, the applicant alleges breach of the principle of proportionality and the spurious and vexatious nature of the attachment ordered by the Commission. |
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But the principles of necessity and proportionality, which narrows the domain of transmissible data, must be explicitly recalled in the decision and be indicated in the form the national authorities will have to fill out. |
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Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. |
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In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
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It would look to the addition of seats to western Canada in the Senate, to bring some proportionality to the regions of Canada, which was intended by our founding fathers, the Fathers of Confederation. |
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For this reason, the net benefit that nonpublic service activities derive from the public service activity will be taken into account in assessing the proportionality of the aid. |
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As long as they are practised, electoral systems should be as fair and representative as possible, avoiding biases that distort the principle of proportionality. |
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Voters can choose candidates using any criteria they wish, the proportionality is implicit. |
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The system aims to combine the local district representation of FPTP and the proportionality of a national party list system. |
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There are possible compromises: for example, most MPs could be chosen by alternative vote in individual seats and greater proportionality achieved by topping up their number with extra MPs drawn from party lists. |
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The member is also right with regard to proportionality. |
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The remaining seats are awarded in a compensatory manner to achieve proportionality across a larger region. |
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The proportionality principle, which is constitutional in nature, requires state intervention to be limited to what is adequate and necessary to achieve the aim being pursued by a coercive measure. |
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Does this restriction meet the proportionality test? |
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Even if the purpose of this prohibition is to protect the right to be free from incitement to anti-semitism, the restrictions imposed do not meet the proportionality test. |
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It is accompanied by a principle of proportionality, which indicates that the Community must not go beyond what is necessary to the achievement of the Treaty's objectives. |
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It shall also ensure compliance with the principle of proportionality, according to which any action by the Community shall not go beyond what is necessary to achieve the objectives of the Treaty. |
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While we recognize Israel's inherent right to selfdefence, we believe that all use of armed force must satisfy requirements of necessity as well as proportionality. |
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All of the city's residents have an extra vote for the South Wales Central region which increases proportionality to the Assembly. |
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Those targets shall be quantified using a limited number of indicators for output and results, taking into account the principle of proportionality. |
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The MPs are elected by proportionality in constituencies across the nation. |
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We consider that when a state of emergency is declared, the rules of international human rights law, including the requirements of proportionality and necessity, must be observed. |
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Regardless of whether the military rationale was sound, the use of cluster munitions was inconsistent with principles of distinction and proportionality. |
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This would allow for a clearer assessment of the proportionality of the measure and ultimately help maintain credibility in the application of precaution. |
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This proportionality somewhat mitigated the very high malapportionment of the electoral college itself. |
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The Court of Justice has made it clear that, for a measure to benefit from such exemption, the principles of definition, entrustment and proportionality must all be fulfilled. |
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Nonetheless, the principle of coherence and the character and gradualness of an evolutive approach may help the competent authorities to respect the proportionality requirements. |
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These Member States particularly sing the praises of the proposal's proportionality in the reasons presented for it, without demonstrating in any way whatsoever that the proposal is genuinely proportional and necessary. |
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We accept that there have been problems of governance with some companies in the past but there is the need for even-handedness, fairness and proportionality. |
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Although no agreed nor customary prohibition against the use of nuclear weapons exists, their use in response to a non-nuclear attack would violate the principle of proportionality ensconced in international law. |
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The hyperactivity of the Alliance is striking for its inverse proportionality to its low profile during the Reform negotiations and the vapidity of discussions in the Brussels Local Staff Committee! |
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It should also be grounded in the general principles of need for European added value and respect for the principles of subsidiarity, proportionality, and solidarity. |
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The proposed legislation also lays down the fundamental principles of proportionality, progressiveness and equal treatment, applicable to the legal consequences imposed on the violating media entities. |
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This latter would be the case if it pursues a legitimate aim and if there is a reasonable relationship of proportionality between the means employed and the aim sough to be realised. |
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Its assessments will give it the means of identifying the instruments that need reviewing in terms of their needfulness, their proportionality in relation to the objectives pursued and their accessibility. |
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The additional members produce a degree of proportionality within each region. |
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It considers that in rejecting that conclusion the Commission misapplied the term 'economic value' and failed to apply the principle of proportionality or the correct burden of proof. |
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The Court also misapplied the principle of proportionality in deciding that the contested decision complied with the principle, although the decision was neither an appropriate measure, nor the least restrictive one. |
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We must question the proportionality and the expedience of this approach. |
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At the risk of undue abstraction, and a risk of tautology, it might be said that the virtue of restraint can be seen in the positive law of the state if it conforms broadly to a criterion of proportionality. |
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I do think that it speaks to the issue of proportionality when he talks about joyriding versus the issue of organized criminals being involved in tampering, obliterating and violating vehicle identification numbers. |
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In general, exact proportionality is not possible because these divisions produce fractional numbers of seats. |
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The strategy will stress the need to apply the fundamental freedoms of the Treaty, and make use of mutual recognition and the proportionality test to strip away 8 unjustified and conflicting national layers of regulation. |
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Other aspects of PR can influence proportionality such as the size of the elected body, the choice of open or closed lists, ballot design, and vote counting methods. |
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Academics agree that the most important influence on proportionality is an electoral district's magnitude, the number of representatives elected from the district. |
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It is a common sense notion of veracity based upon epistemological evidence, and founded on a principle of rationality, proportionality and reasonability. |
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The human rights model is based on the nonreciprocal nature of the civilian protections in AP I and the short-term nature of jus in bello proportionality analysis. |
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