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The security and intelligence services are strong advocates of the principles of "necessity" and "proportionality" underpinning the act.
This includes: purpose limitation; rigorous evidence based arguments; the principles of necessity and proportionality; stringent data protection safeguards, especially when handling sensitive personal data; independent data protection oversight; and, of course, full compliance with EU law and the EU treaties".
Emergency laws have been used to put environmental activists under arrest, the UN said, warning that such usage does not seem to fulfil "the fundamental principles of necessity and proportionality".
The committee's evaluation of the use by US law enforcement officials of stun guns – commonly referred to by the brand name Taser – calls on the authorities to "revise the regulations governing the use of such weapons with a view to establishing a high threshold for their use... and subject to the principles of necessity and proportionality".
The consultation paper also says that state surveillance of the internet must be the exception rather than the norm, and "must only take place where it is clearly justified for the protection of the public and in accordance with the fundamental principles of necessity and proportionality".
The latter is often compounded by uninformed intermediary liability policies, blunt and heavyhanded regulatory measures, failing to meet the principles of necessity and proportionality, and a lack of consistency across these policies create an uncertain environment for intermediaries to operate in.
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"I acted in the principle of necessity for my country, so I ask to be acquitted," he concluded.
But Obama's guidance omitted an important legal concept derived from just-war doctrine — the "principle of necessity," which suggests that war planners must use only the minimum amount of military force necessary to destroy a target.
Other Neolithic innovations were driven by the same principle of "necessity is the mother of invention," but most have been superseded over the centuries as new materials and production techniques have emerged.
If the Obama administration insisted on a stricter interpretation of the principle of necessity, the U.S. military would be obliged to emphasize conventional deterrence and war-fighting and limit nuclear targeting to a greatly reduced list of hard targets, such as enemy missile silos or hardened command-and-control bunkers.
They have insisted all along, even when they pleaded for their congressional mandate back in 1933, that accounting principles must of necessity be flexible.
More suggestions(15)
laws of necessity
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com