Politics Taxation and the Rule of Law

Author: Donald P. Racheter
Publisher: Springer Science & Business Media
ISBN: 1461510694
Format: PDF, ePub
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Public Interest Institute began operations in 1992 as Iowa's only state-level, independent, research organization. As a public-policy research organization, our four principal goals are to become an information and analysis resource for all Iowans; provide local, state, and national policy-makers with a rigorous, objective, and understandable analysis of specific policy initiatives; identify practical alternatives for action on critical issues; and provide a forum for policy-makers and individuals to share ideas and concerns. The Institute promotes the importance of a free-enterprise economic system and its relationship to a free and democratic society. It seeks to support the proper role of a limited government in a society based upon individual freedom and liberty. Concerned citizens are challenged to become better informed about public issues, for ideas have consequences, and involved individuals can make a difference. Following the general treatment of how to achieve these ideals contained in LIMITING LEVIATHAN, we have continued our series of books designed to examine the topics raised there in greater depth. In FEDERALIST GOVERNMENT IN PRINCIPLE AND PRACTICE we developed the ways in which dividing governmental power between levels such as national and state can help citizens preserve their freedoms. In this volume we develop the ways in which property rights do the same.

Human rights and democratic governance in Kenya A post 2007 appraisal

Author: John Osogo Ambani
Publisher: PULP
ISBN: 1920538380
Format: PDF, ePub, Docs
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This publication is a collection of essays on human rights and democratic governance in Kenya in the period after the 2007 post-elections violence. After surviving the trauma of electoral violence, the country soon embarked on a journey towards reconstruction by engaging in, among other things, intense re-evaluation of the then existing system of laws and institutions. In the process, the daunting task has been to reverse the flawed systems that have been in existence for many decades and in their place entrench systems that would promote and respect democratic governance and human rights. This publication, therefore, documents the extent of the country’s reconstruction since 2007, and makes recommendations for the way forward for the recovery of the state.

Constitution Public Finance and Transition

Author: Ringa Raudla
Publisher: Peter Lang
ISBN: 9783631599457
Format: PDF, ePub
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This book explores the role of constitutions in public finance, with a special focus on transitional context in Central and Eastern Europe. The main questions addressed are: How do formal constitutional provisions that matter for public finance come about? How do constitutions shape policy choices in public finance? Part l of the book puts forth an analytical framework for analysing how fiscal constitutional provisions come about and tests the conjectures with the case of constitution-making in Estonia in 1991-1992. Part II summarises, synthesises and criticises the emerging orthodoxy in positive constitutional public finance and examines whether it can explain the commitment to fiscal discipline in Estonia between 1992 and 2007. Part III examines theoretically and empirically how constitutions can shape public finance laws via constitutional review, auto-limitation and constitutional deliberations.

Philosophical Foundations of Tax Law

Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Format: PDF, Kindle
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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

Taxploitation

Author: Peter Saunders
Publisher:
ISBN:
Format: PDF, Docs
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In this new book, ten eminent authors explain why and how Australia’s system of personal income tax needs reforming.The total tax take in Australia is around the OECD average, but tax on people’s incomes is well above average. High income taxes undermine national prosperity. The top rate is out of line with most other western countries, which have been moving to lower and flatter rates. Because the threshold at which people start to pay tax is well below subsistence, people are taxed before they have earned enough to keep body and soul together. The interaction of tax and welfare creates dispiritingly high ‘effective marginal tax rates’ which deter people on welfare from looking for work and penalize low-wage families whenever they try to increase their take-home pay.The system is riddled with distortions and disincentive effects. There are so many special allowances, exemptions, credits, offsets and write-offs that tax law has become almost indecipherable, and gross amounts of money and time get spent trying to reduce liability to tax. Most really-high earners are paying a lower rate of tax than workers earning little more than average income. Retirement savings are viciously taxed, and because tax brackets are not indexed to inflation, the total tax-take increases year by year without anybody even realizing it. Outside of the federal government there is a mounting demand that something radical needs to be done to tackle these problems.This book looks at the options and demonstrates that the case for radical reform is now unanswerable.The Contributors:Peter Burn - National Senior Adviser, Australian Industry Group Lauchlan Chipman - Professor Emeritus, University of Wollongong and Central Queensland University Sinclair Davidson - Associate Professor, RMIT University Terry Dwyer - Consultant and Visiting Fellow, Australian National University John Humphreys - Independent Policy Analyst Barry Maley - Senior Fellow, Centre for Independent Studies Andrew Norton - Research Fellow, Centre for Independent Studies Alex Robson - Lecturer in Economics, Australian National University Peter Saunders - Social Research Director, Centre for Independent Studies Geoffrey de Q Walker - Professor Emeritus, University of Queensland, Barrister-at-law

The Power to Tax

Author: Geoffrey Brennan
Publisher: Cambridge University Press
ISBN: 0521027926
Format: PDF, Mobi
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Should government's power to tax be limited? The events of the late 1970s in the wake of California's Proposition 13 brought this question very sharply into popular focus. Whether the power to tax should be restricted, and if so how, are issues of immediate policy significance. Providing a serious analysis of these issues, the authors offer an approach to the understanding and evaluation of the fiscal system, one that yields profound implications. Fiscal arrangements are analysed in terms of the preferences of citizen-taxpayers who are permitted at some constitutional level of choice to select the fiscal institutions to which they themselves are to be subject over an uncertain future. The central question becomes: How much 'power to tax' would the citizen voluntarily grant to government as a party to some initial social contract devising a fiscal constitution? Those in office are assumed to exploit the power assigned to them to the maximum possible extent: government is modelled as 'revenue-maximizing Leviathan'. Armed with such a model, the authors proceed to trace out the restrictions on the power to tax that might be expected to emerge from the citizen's constitutional deliberations.

Taxing Choice

Author: William F. Shughart
Publisher: Transaction Publishers
ISBN: 9781412835589
Format: PDF, ePub, Docs
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Taxing behavior deemed "politically incorrect" has long been a convenient way for politicians to fund programs benefiting special interest groups, to the public's disadvantage. Government policy toward various foods, drugs, tobacco and alcohol, for example, has been locked into a regulatory cycle of tax and taboo. And the products subjected to excise and other "selective" taxation have varied from soft drinks, fishing gear, and margarine to airline tickets, telephone calls, and gasoline.

The Delicate Balance

Author: Chris Evans
Publisher: IBFD
ISBN: 9087221037
Format: PDF, Docs
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Few aspects of revenue law generate stronger feelings than the exercise of discretionary power by tax administrations. A delicate balance often needs to be struck between the legitimate needs of revenue authorities and the equally legitimate interests and rights of taxpayers. On the one hand, the executive and administration need to have sufficient capacity to apply the law; on the other, there is a need to maintain the principle of the rule of law that it is the elected legislature, and not the executive or tax administration, that establishes tax burdens. The chapters in this volume explore that delicate balance. The Delicate Balance - Tax, Discretion and the Rule of Law considers the critical questions that arise from the intersections of tax, discretion and the rule of law in modern common and civil law jurisdictions: What do we mean by tax discretion and how does it vary in conceptual and practical terms in different tax regimes? -What role should discretion play in tax systems that operate under the rule of law and how large should that role be? -What are the legal, political, institutional and other constraints that can prevent abuse of discretion? -To what extent can, and should, the legislature safely delegate discretionary powers to tax administrations?

International Investment Law and Comparative Public Law

Author: Stephan W. Schill
Publisher: Oxford University Press
ISBN: 0199589100
Format: PDF, Docs
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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.