TOPIC 1 - INTRODUCTION Flashcards

1
Q

PRINCIPLE OF REASONABLENESS AND PROPORTIONALITY
3 (4, 4,2)

A

END - LAST END, VALUE, LEGITIMATE, POSSIBLE
MEANS- REASONABLE END, LEGITIMATE, POSSIBLE, SUITABLE
EXPECTED RESULT: PROPORTIONATE, LESS HAMRFUL

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2
Q

Negative discrimination (4) determine punishability

A
  1. Distinction due to human specificity
  2. Unequal treatment is unreasonable
  3. Reason to demand equal treatment legally
  4. Unequal treatment damages rights
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