Proportionality Analysis by the German Federal Constitutional Court

Lang, Andrej

doi:10.1017/9781108596268.004

Cited by 14 publications

(1 citation statement)

References 25 publications

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“…The pioneering models of MSPs were introduced by some scholars such as Armstrong 28 , Caillaud and Jullien, 29 Parker and Van Alstyne 30 , and Rochet and Tirole 31 , as well as a large number of recent contributions, they all agreed on that the -multi-sidedness‖ is an inherent character that can be used in many industries and firms. As a matter of fact, digital markets already overtook the conventional markets to the extent that commercial entities that falls to have a strong and distinctive presence on MSPs will experience great economic challenges as a direct result of that fact, commercial entities keep a close eye and follow the non-stop updates of MSPs while adapt their business models and marketing strategies in accordance with the dynamics of this type of platform.…”

Section: Multi-sided Platformsmentioning

confidence: 99%

مؤتمر الجوانب القانونية والاقتصادية للتنمية المستدامة في ضوء رؤية مصر ٢٠٣٠ يومي ٥-٦ نوفمبر 2022

2023

مجلة العلوم القانونية والاقتصادية

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This research addressed the approach of the Islamic Fiqh (jurisprudence) for the way of preserving, caring for, and protecting the environment by clarifying the concept and elements of the environment and highlighting the remarkable position of the environment in the Islamic Fiqh, as well as clarifying the perspective of Fiqh for the environment as a gift and grace granted by Allah (glory be to Him) to his servants. It is made, created, and maintained by Allah, as we can see clearly in the Sharia texts that addressed this aspect .

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Section: Multi-sided Platformsmentioning

confidence: 99%

مؤتمر الجوانب القانونية والاقتصادية للتنمية المستدامة في ضوء رؤية مصر ٢٠٣٠ يومي ٥-٦ نوفمبر 2022

2023

مجلة العلوم القانونية والاقتصادية

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Classifying proportionality - identification of a legal argument

Lüders,

Stohlmann

2024

Artif Intell Law

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Proportionality is a central and globally spread argumentation technique in public law. This article provides a conceptual introduction to proportionality and argues that such a domain-specific form of argumentation is particularly interesting for argument mining. As a major contribution of this article, we share a new dataset for which proportionality has been annotated. The dataset consists of 300 German Federal Constitutional Court decisions annotated at the sentence level (54,929 sentences). In addition to separating textual parts, a fine-grained system of proportionality categories was used. Finally, we used these data for a classification task. We built classifiers that predict whether or not proportionality is invoked in a sentence. We employed several models, including neural and deep learning models and transformers. A BERT-BiLSTM-CRF model performed best.

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Constitutional Convergence in East Asia

Yap¹,

Lin²

2021

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This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

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Proportionality Analysis by the German Federal Constitutional Court

Cited by 14 publications

References 25 publications

مؤتمر الجوانب القانونية والاقتصادية للتنمية المستدامة في ضوء رؤية مصر ٢٠٣٠ يومي ٥-٦ نوفمبر 2022

مؤتمر الجوانب القانونية والاقتصادية للتنمية المستدامة في ضوء رؤية مصر ٢٠٣٠ يومي ٥-٦ نوفمبر 2022

Classifying proportionality - identification of a legal argument

Constitutional Convergence in East Asia

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