![]() The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. PROPORTIONALITY IN CRIME CONTROL AND CRIMINAL JUSTICE This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. Postscriptum Bibliography Index Citation preview The European Arrest Warrant 2004-20: A Success Story, at a Cost II. Proportionality Issues in European Arrest Warrant Proceedings – Three Stories from the Field I. Mass Surveillance and Criminal Investigation: Different Approaches in Assessing Proportionality? V. Understanding the Principle of Proportionality IV. The ECtHR Big Brother Judgment of 13 September 2018 III. Proportionality, Mass Surveillance and Criminal Investigation: The Strasbourg Court Facing Big Brother I. Specific Problems of Determining Proportionality in International Criminal Law V. Sentencing Rationales in International Criminal Law IV. ![]() Sentencing Law of International Criminal Tribunals III. Introduction: Proportionality, Efficiency and Sentencing II. Proportionality and Efficiency in Sentencing under International Criminal Law I. Enforcing and Concretising the Proportionality Principle 15. Comparative Constitutional and Administrative Law III. The Proportionality Principle in Comparative Public, European Union and International Law – Reflections on the 'Proportionality Equation' I. Endnote Part III: Applying Proportionality: International Paradigms 14. Proportionality and Asset Confiscation V. Three Generations of Asset Confiscation Schemes IV. Proportionality in Asset Confiscation Proceedings I. Conclusion: The Need for Empirical Research Appendix 13. Concerns Regarding the Guideline Approach VI. Implementing Sentencing Proportionality Through Guidelines V. Evaluating Existing Sources of Guidance for Courts at Sentencing IV. Components of a Proportional Sentence III. Promoting Retributive Proportionality Through Sentencing Guidelines I. Concrete Forms of Decriminalisation in Italy IV. Abstract Decriminalisation of Minor Offences in Italy III. Effectiveness, Proportionality and the Abstract and Concrete Forms of Decriminalisation. Perverting the Proportionality Paradigm IV. Proportionality Paradigm or Paradox? The Proportionality Principle in American and German Security Law Jurisprudence I. Voluntary Participation in Surveillance IV. Proportionality, Efficiency and Risk in a Global Context I. Executive Non-Penal Measures in Response to Islamic Terrorism IV. Executive Non-Penal Measures in Response to Northern Ireland Terrorism III. Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK I. Ends and Means: Why Effective Counter-Terrorism Requires Respect for Proportionality and Rights I. Concluding Remarks on the Principle's Future Perspectives Part II: Applying Proportionality: National Paradigms 7. Consolidation of the Principle in Modern Times V. The Seven Stages Marking the Evolution of the Principle III. Introductory Remarks on the Factors Influencing the Principle's Evolution II. The Principle of Proportionality: Tracing its Historical Evolution I. The Emotional Element Embedded in Proportionality VIII. Why is this a Challenge to Proportionality? VI. What are the Legislators Trying to Express and Why? V. A Modern Challenge to the Rational Approach IV. Rationality – The Point of Departure III. Principle of Proportionality – The Main Contention II. The Emotional Component of Proportionality I. The Difficulty of an Exhaustive Definition II. The Contribution of Fuzzy Logic and Comparative Concepts to the Rational Application of Proportionality Stricto Sensu I. Constitutional Justification of the Proportionality Control V. The Proliferation of the Principle of Proportionality IV. The Solution Presented in the Pharmacy Decision of 1958 III. The Hermeneutic Problem of Binding Constitutional Rights II. Proportionality and the Bindingness of Fundamental Rights I. Prospective (and Retrospective) Proportionality in the Criminal Law IV. Retrospective Proportionality in the Criminal Law III. Introduction: Prospective and Retrospective Proportionality II. Proportionality and the Criminal Law: Proportionality of What to What? I. Conceptualising and Applying Proportionality: Typological Considerations III. Proportionality in Crime Control and Criminal Justice: Challenges and Dilemmas II. Table of contents : Foreword Contents List of Contributors Part I: Conceptualising Proportionality 1.
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