Constitutional Law

The Proportionality Principle in the Emission Control Permit Procedure as based in BImSchG (Federal Emission Control Act)

Abstract The principle of proportionality in the German Administrative law is part of the rule of law. It applies to all laws, administrative acts, statutes and ordinances. It consists of four points. A state measure is proportionate if it 1.has a legitimate purpose, 2. is suitable, 3.is necessary, and 4. is appropriate. In the first …

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Tensions of Federalism: Three Cases of Energy Source Self-Determination

Abstract How do federal law and regulations of energy infrastructure influence the “energy mix” of a society? This paper explores the national and regional administrative regimes for electricity transmission (commonly referred to as “the energy grid”) in the United States of America. Mandated by the national government and empowered by an interpretation of the “Dormant …

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