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As Anderson says in his annual report, "whether the power is proportionate in its current form is however a legitimate subject for both public debate and judicial scrutiny: for during 2012 and 2013, courts both in England and in Strasbourg have invited argument on the precise question of whether the exercise of the schedule 7 power is necessary in a democratic society".
33 As smokers have a greatly increased risk of lung cancer (although their radon related risk is proportionate in relative terms to that of non-smokers), 10 34 we used separate life tables for smokers and non-smokers, assuming lung cancer rates in smokers to be 25 times that of non-smokers.
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The European judges ruled that the ban on him voting did represent a breach of the EU charter of fundamental rights but that it was proportionate "in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty".
The preemptive action needs to be proportionate in scope and scale with the perceived threat.
Instead, she said, "the focus is more about disparity" and whether government is being proportionate in punishment.
It was also told to be "proportionate" in its response to violence and take due regard for civilian life.
"I would like to make clear to our American partners how important it is to ensure things are proportionate in terms of the personal rights of our citizens," the interior minister said in a statement before his departure.
Baroness Buscombe wrote: "In the end, the commission considered that newspapers had the right to publish opinions that many might find unpalatable and offensive, and that it would not be proportionate, in this case, to rule against the free expression of the columnist's views on a subject that was the focus of intense public attention.
It all comes down to the fundamental question of what was proportionate in the moment and what the householder genuinely believed.
Did a chorus of foreign ministries warn Turkey to be proportionate in 2008 when it sent 10,000 troops into Iraq to attack PKK fighters?
"On the current state of the ECHR case-law, we do not consider the bulk powers in the Bill to be inherently incompatible with the right to respect for private life, but capable of being justified if they have a sufficiently clear legal basis, are shown to be necessary, and are proportionate in that they are accompanied by adequate safeguards against arbitrariness," it writes.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com