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Topic: Proportionality (political maxim)

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	Alice Ristroph, Proportionality As A Principle Of Limited Government!, 55 Duke L. J. 263 (2005) (Site not responding. Last check: 2007-10-27)
		Proportionality is often invoked to limit an exercise of state power according to the scope of the conduct or injury that the state seeks to address.
		Political proportionality is, in essence, the consequence of the limits of penological theory -- given society's commitments to political ideals unrelated to the problem of crime, any justification of punishment will go only so far.
		Political proportionality is compatible with a range of penological theories, but it is not dependent on any one of them.
	www.law.duke.edu /journals/dlj/articles/DLJ55P263.HTM (17744 words)

	Proportionality (disambiguation) - Wikipedia, the free encyclopedia
		In mathematics, proportionality is a mathematical relation between two quantities.
		In law and politics, proportionality is a maxim in some theories of governance and a principle underpinning the constitution of the European Union.
		The principle of 'proportionality' is one of the fundamental principles of the jurisprudence developed by the European Court of Justice (ECJ).
	en.wikipedia.org /wiki/Proportional (387 words)

	The Hindu : Defending wars
		proportionate and controlled use of force with the purpose of limiting damages.
		While the politics of the cold war prevented any collective security operations, (a compromise was achieved in the form of the doctrine of peacekeeping which has a mixed record in preserving peace ; the second permissible condition for use of force is in cases requiring individual and collective self-defence vide Article 51.
		Ironically, since in all likelihood this will be a unilateral invasion, the only maxim of limited war that it will adhere to is that of geographical confinement.
	www.hindu.com /thehindu/2003/01/03/stories/2003010300111000.htm (1030 words)

	Holder v. Hall, 512 U.S. 874 (June 30, 1994).
		But the political choices the Court has had to make do not end with the determination that the primary purpose of the "effective" vote is controlling seats or with the selection of single member districting as the mechanism for providing that control.
		Thus, whenever similarities in political preferences along racial lines exist, we proclaim that the cause of the correlation is irrelevant, but we effectively rely on the fact of the correlation to assume that racial groups have unique political interests.
		According to the Solicitor General, this claim of proportionality should have been evaluated, not merely on the basis of the population in the Dade County area where the racial gerrymandering was alleged to have occurred, but on a statewide basis.
	supct.law.cornell.edu /supct/html/91-2012.ZC1.html (15202 words)

	Holder v. Hall, 512 U.S. 874 (June 30, 1994).
		But the political choices the Court has had to make do not end with the determination that the primary purpose of the "effective" vote is controlling seats or with the selection of single member districting as the mechanism for providing that control.
		Thus, whenever similarities in political preferences along racial lines exist, we proclaim that the cause of the correlation is irrelevant, but we effectively rely on the fact of the correlation to assume that racial groups have unique political interests.
		According to the Solicitor General, this claim of proportionality should have been evaluated, not merely on the basis of the population in the Dade County area where the racial gerrymandering was alleged to have occurred, but on a statewide basis.
	www.law.cornell.edu /supct/html/91-2012.ZC1.html (15202 words)

	Proportionality (political maxim) at AllExperts
		This article is about proportionality, the political maxim.
		For other uses of the term proportionality, see Proportionality (disambiguation).
		The principle of proportionality is a political maxim which states that any layer of government should not take any action that exceeds that which is necessary to achieve the objective of government.
	en.allexperts.com /e/p/pr/proportionality_(political_maxim).htm (191 words)

	Encyclopedia: Proportionality (political maxim)
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		This article is about proportionality, the political maxim.
		For other uses of the term proportionality, see Proportionality (disambiguation).
	www.nationmaster.com /encyclopedia/Proportionality-(political-maxim) (187 words)

	[No title]
		In its political form it called for establishment of a Jewish State, and, in both its nationalistic aspiration and identification of Palestine as the Jewish homeland its roots are ancient.
		Mainstream political Zionism, under the leadership of Chaim Weizmann, sought to convince Arabs that there was room for both peoples in Palestine, that Zionism had no intention of dispossessing people of their property, and that Arabs stood to benefit by cooperation with the Jews.
		The judgment confuses criticism of a political movement with cultural prejudice, and is oblivious to alternatives that are equally motivated by concerns for the welfare of that group.
	ontology.buffalo.edu /smith/courses01/rrtw/Kapitan.htm (19176 words)

	Nigeriaworld -- Woke up this morning, got myself a...
		All the preceding references to violence and the rule of the gun, as the underlying maxim (pun intended) of the politics of empire and survival, and even basic human interactions, emphasize an immemorial recognition of the fact that bullets speak loudly, a lot louder than indignant self-righteousness or moral outrage.
		Looking forward, it does seem that a Maxim gun in the hands of a revolutionary has the propensity to do a lot of damage in defense of that which ironically, it played a preeminent role in conquering years ago.
		The Maxim gun of our time might not have.303 lead bullets, or an automatic firing system shooting at 500 rounds per minute, or the muzzle velocity, or the accuracy, or effective killing range of its predecessor.
	nigeriaworld.com /columnist/onuora/060704.html (2449 words)

	[No title]
		The key instrument of politics here is criticism and its primary object is to modify the relationship between, for example, text and reader in such a way as to allow the texts in question to serve as the means for a politically transformative practice of the self into which the reader is inducted.
		So far as the first matter is concerned, the two types of political demand which have most typically, and most distinctively, been brought to bear on museums derive from two contradictions which have been inscribed in the institutional form of the public museum from the moment of its inception.
		Nor is it to argue against forms of political action which target classes, or women, or fls, or specific combinations of these, in aiming for specific forms of betterment of their life circumstances.
	www-staff.lboro.ac.uk /~ssghz/articles/classical44.htm (6021 words)

	ea12.html
		The post-1967 Netherlands political tradition still is strongly rooted in the former two of the elements described in Table 2 and is somewhat less rooted in the latter two.
		The principle of proportionality ensures that the political clout of minority populations is not diminished by the fact perhaps being a majority in no specific region of the country.
		The Dutch political parties must address the environment, and the political geographer studying the Netherlands is merely concerned with demonstrating where political parties with certain views of the environment predominate.
	www.filosofie.sci.kun.nl /ci/e-journal/vol1/ea12.html (8520 words)

	Malta: Electoral Reform Debate
		If proportionality was to be worked out on the first count votes as the MLP was calling for, this would mean that in a Parliament of 65 MPs, all candidates obtaining 1.53 per cent of the votes cast would be entitled to Parliamentary representation.
		There must be proportionality between first count votes and the number of seats gained by each party, transferability between parties and candidates should be maintained, the current threshold should remain in effect and changes to the electoral system are to be carried out through constitutional amendment.
		Labour has been insisting on three fundamental principles: proportionality between the number of parliamentary seats and the votes won; the right to vote for different party candidates, that is transferability restricted only, however, to the election of candidates; and a flexible number of parliamentary seats making room for an increase in order to ensure proportionality.
	www.maltadata.com /debate.htm (22133 words)

	Summarizing Participatory Economics For purposes of exploration and debate with Libertarian Municipalism
		The proportionality principle, in my view, requires that participants in a given decision-making process agree on the various anticipated effects of a decision before they can make that decision, as well as predicting how these effects will be distributed once the decision is made.
		This practice of collective self-management is what social ecologists call 'politics', which we see as the very negation of statist forms of legislation, adjudication, and administration.
		I think that the separation of economics and politics is a consequence of capitalism, and that a democratic post-capitalist social order will need to transcend this artificial separation.
	www.zmag.org /reply1staudalb.htm (1645 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		In their constitutional claim, respondents alleged that the county's single-member commission was enacted or maintained with an intent to exclude or to limit the political influence of the county's fl community in violation of the Fourteenth and Fifteenth Amendments.
		13 Thus, whenever similarities in political preferences along racial lines exist, we proclaim that the cause of the correlation is irrelevant, but we effectively rely on the fact of the correlation to assume that racial groups have unique political interests.
		According to the Solicitor General, this claim of proportionality should have been evaluated not merely on the basis of the population in the Dade County area where the racial gerrymandering was alleged to have occurred, but on a state-wide basis.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=CASE&court=US&vol=512&page=874 (16228 words)

	Scoop: Donna Awatere Huata V Richard William Prebble
		The amendment provided that political parties should have the right to give a notice to the Speaker which would create a vacancy in the member’s seat where the member had acted in a way that distorted and was likely to continue to distort proportionality.
		Proportionality, nevertheless, is the key feature of the MMP system and its introduction gave political parties for the first time an institutional role in the composition of the House of Representatives.
		We doubt that the failure to renew membership could signal a defection from the parliamentary party, but in any event any distortion of proportionality was not due to the actions of the appellant as the consequences of her oversight could have been avoided by the party accepting her late renewal application.
	www.scoop.co.nz /stories/PO0407/S00187.htm (19776 words)

	Strategic Insights -- Terror and Terrorism: A History of Ideas and Philosophical-Ethical Reflections
		Thus, it is this “harmony which the transcendental concept of public right establishes between morality and politics” that seems to be the fundamental gauge for the moral worth of social and political actions.
		These are, so to say, secondary rights, such as political self-determination, democratic living conditions, just distribution of goods etc.[25] It is precisely here, where terrorism does not take these rights into account (or intentionally or unintentionally disregards these normative principles), that terrorism becomes devoid of any serious ethics.
		The guiding image of Western philosophical as well as political thought, the idea of the human being as an individualized person and the human rights principles resting upon it, may not be relinquished for a hysteria triggered by diverse ideologies and ideologists of conspiracy.
	www.ccc.nps.navy.mil /si/2005/Aug/micewskiAug05.asp (7055 words)

	Dictionary of Meaning www.mauspfeil.net
		For other uses of the term '''proportionality''', see Proportionality (disambiguation).'' The '''principle of proportionality''' is a political maxim which states that any layer of government should not take any action that exceeds that which is necessary to achieve the objective of government.
		It is explicitly specified in the proposed new Treaty establishing a constitution for Europe.
		There you find a list of all editors and the possibility to edit the original text of the article Proportionality (political maxim).
	www.mauspfeil.net /Proportionality_%28political_maxim%29.html (178 words)

	Reference.com/Encyclopedia/Proportionality
		Proportionality (physics), a unified theory of matter and energy
		Proportionality (law), a legal principle under municipal law in which the punishment of a certain crime should be in proportion to the severity of the crime itself, and under international law an important consideration when assessing the military necessity of an attack on a military objective.
		Proportionality (political maxim), a maxim which states that any layer of government should not take any action that exceeds that which is necessary to achieve the objective of government
	www.reference.com /browse/wiki/Proportionality (189 words)

	A Misapplied Maxim (Site not responding. Last check: 2007-10-27)
		There is no maxim in my opinion which is more liable to be misapplied, and which therefore more needs elucidation than the current one that the interest of the majority is the political standard of right and wrong.
		Every achievable goal is realized by a method or methods of a particular nature: individuals are fed by the methods of hunting, gathering, farming, husbandry; their illnesses are cured by diagnosis, applied chemistry and nutrition, surgery; their boredom is relieved by music, film, theatre, literature.
		By treating America as the nation whose greatness bears out the practicability of majority rule, he is stealing, for democracy, the greatness of a nation that in fact owes its survival - not to mention its historic success - to its government's ability to resist the passions of the majority.
	www.prometh.com /Radcap/misapply.asp (6433 words)

	SANCTUM FOR THE WAR CRIMINAL:
		Newly democratic nations were unwilling to extradite free‑thinkers and political ideologists forced from their homes and persecuted because of their beliefs.
		However, of late, the political offense exception has been criticized as a political tool- utilized to protect solely the interests of states not of individuals.
		There are both pure political offenses, which are directed against the state and have none of the elements of a normal crime, and relative political offenses, which include elements of crime but are inseparable from the political element.
	www.boalt.org /CCLR/v3/v3gupta.html (8242 words)

	Insurgents, Terrorists, and Militias: The Warriors of Contemporary Combat
		Thus, while the United States wrote off Aidid as a thug in charge of a gang of armed thugs, to his Somalia clansmen, Aidid was the equivalent of their minister of war, commanding powerful paramilitary warrior forces well-versed in deeply rooted warfare methods.
		One of the patterns we have seen repeated in the case studies is small tribal or clan fighting units that are organized along geographical lines and commanded by fellow tribal or clan members.
		When the military of an outside power invades the territory of a traditional society, the strict customary codes that govern the use of force, status of noncombatants, and the proportionality of attacks are often modified and even suspended.
	www.columbia.edu /cu/cup/publicity/shultzexcerpt.html (4563 words)

	MaximsNews Network
		John Bolton, now United States ambassador at the UN, said at the time that treaties were simply political acts and "not legally binding." Richard Perle declared publicly in April 2003 that the war in Iraq provided an opportunity to refashion international law and undermine the United Nations.
		When the dispute was finally, and amicably, settled in 1842, the American secretary of state, Daniel Webster, conceded that the use of force in self-defense could sometimes be justified as a matter of necessity, but that nothing "unreasonable or excessive" could be done in self-defense.
		If we cannot get beyond political paralysis in a case where the coalition of American supporters is so comprehensive, there is little reason to think that any multi-lateral solution to any international problem is likely to be accepted within the US policy-making structure.
	www.maximsnews.com /1006sirbrianurquhart6june.htm (4746 words)

	Just War Theory and International Law Enforcement: A Reflective Equilibrium (Site not responding. Last check: 2007-10-27)
		Hence, we are not restricted to the use of means proportionate to those available to our attacker.
		I contend that our judgment that such an act (i.e., shooting the jaywalker) is evil is prior to our designation of it as disproportionate and is based on principles that form the general grounds for the justification to use any force whatsoever.
		If proportionality were viewed normatively, then it would be impossible to fight the just war justly – at least it would be impossible to win the just war justly, and this is a preposterous conclusion, resulting from confusion about proportionality.
	www.usafa.af.mil /jscope/JSCOPE03/Zupan03.html (10039 words)

	CCLR: Sanctum for the War Criminal: Extradition Law and the International Criminal Court
		Most claimed political offenses, however, fall into the second category of relative offenses, combining political goals with common, usually extraditable, crimes.
		Under the proportionality test, the ideological motive of the offender is balanced against her acts in proportion to the political
		The greater the degree of violence involved, the more closely related the political goals must be to the means used.
	www.boalt.org /CCLR/v3/v3guptanf.htm (8390 words)

	When Humour Stops Being Funny
		Fridlund and Hecker examined this idea by starting from Charles Darwin's theory that jokes were basically "mental tickles." Their study concluded that there is proportionality between ticklishness and sense of humour, and that, as well, the propensity to laugh is also proportional to other reflexes such as blushing, crying or goose bumps.
		This suggests that the reflexes underlying ticklishness also support the reactions to humour, and that laughter is simply a reflex that "exhausts the tension that has built up" -- it is, as I mentioned before, a pleasurable reaction to the finding of new connections.
		There is a maxim that says, "if you can't laugh at yourself, who can you laugh at?" Perhaps humour directed at one's beliefs is simply the first step of critical thinking.
	www.liberator.net /articles/TremblayFrancois/humour.html (1503 words)

	Human Rights Issues for the Palestinian Population
		In the Gaza Strip checkpoints, due to the intensive security threats, and the repeated attempts by terrorists to execute terrorist attacks (sometimes under the pretence of a medical emergency) the procedures are stricter.
		IDF authorities, in addition to securing the free passage of Palestinian ambulances in emergency cases, have instituted special measures to allow the transport of patients, usually those suffering from chronic conditions, even during those periods when other traffic is restricted for security reasons.
		The challenge facing Israel is to find the appropriate balance between the obligation to protect the lives of the citizens and residents of Israel from terror, and the obligation to limit, as much as is possible, the negative effect upon Palestinian residents as a result of the construction of the fence.
	www.jewishvirtuallibrary.org /jsource/anti-semitism/hrpa.html (4971 words)

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