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Ultima descărcare din IBN: 2024-02-07 23:04 |
SM ISO690:2012 ARAMĂ, Elena. O noţiune complexă necesară jurisprudenţei: proporţionalitatea. In: Revista Naţională de Drept, 2007, nr. 10(85), pp. 11-19. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 10(85) / 2007 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 11-19 | ||||||
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Rezumat | ||||||
The interdisciplinary phenomenon explains the fact that socio-humanitarian sciences have not strictly separated from the exact ones. A clear example in this case can serve the concept of proportionality, a concept also utilized successfully by socio-humanitarian sciences. Proportionality is based on the idea of ratio among more elements, among which there can exist a difference of degree and that is why a first theoretical justification is found in the works of H.Kelsen. Examples from the jurisprudence of other states, as well as of the European Court of Human Rights demonstrates that proportionality is understood as a ratio between the means and goal, between the immediate result (object) and the final result (scope). Proportionality is in close connection with such colligated notions as: rational, reasonable, normal, equilibrium and that is why in the application of the principle of proportionality they frequently appeal to the principle of conciliation which rejects disproportion and leads to the harmony of rights in competition. |
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