Proportionality: from the Concept to the Procedure
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Abstract
The present paper deals with an investigation of the conception and development of the idea (principle) of proportionality, the variety of concepts and the procedure for the verification of the principle of proportionality. The genesis of the conception of coercive measures is studied by reviewing the process of the formation of the current principle of proportionality manifested in the historical sources of the law of Prussia, Germany, and the evolution of the principles consolidated in them. The principle of proportionality consolidated in the case-law of the European Court of Justice and of the European Court of Human Rights is analyzed as well.
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Articles
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