Sentences with phrase «statutory proportionality test»

Not exact matches

There was no existing authority (whether statutory or at common law) to justify exemplary damages in context and, indeed, it would fail the tests of necessity and proportionality.
Given the indications of the Supreme Court in Nicklinson about the relevance of an alternative statutory scheme to proportionality it was arguable that each justification should have been tested against all of the relevant evidence.
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