What principles should be considered when assessing proportionality of ...

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Contrary to the Grand Chamber, judge Guerra found a violation of Article 10 ECHR, so use of ‘compelling’ may have elevated the threshold of necessity and thus lack authority that it is a ‘social’ need allows the ECtHR to attach weight to the particular society in which the measure operates, eg Sahin v Turkey [2007] ECHR 44774/98 at [115 ...


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