Abstract
[Autom. eng. transl.] The principles of procedural fairness and proportionality have arisen and established themselves to better protect fundamental rights. Recently, however, interpretations have been offered that conflict with the equally inescapable principle of procedural legality, endangering respect for the same rights. The present work aims to counteract these anti-formalist tendencies also on the basis of constitutional and supranational jurisprudence.
Translated title of the contribution | [Autom. eng. transl.] Fairness and proportionality versus procedural legality: heterogenesis of ends? |
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Original language | Italian |
Pages (from-to) | 389-393 |
Number of pages | 5 |
Journal | Archivio Penale |
Publication status | Published - 2017 |
Keywords
- Diritti umani
- Equo processo
- Fair trial
- Human rights
- Legalità processuale
- Procedural legality
- Proportionality
- Proporzionalità