Scope of Constitutional Review of Tax Law Provisions
Author(s) -
Jānis Neimanis
Publication year - 2018
Publication title -
journal of the university of latvia law
Language(s) - English
Resource type - Journals
eISSN - 2592-9364
pISSN - 1691-7677
DOI - 10.22364/jull.11.08
Subject(s) - legislator , proportionality (law) , law , scope (computer science) , tax law , constitutional court , political science , the republic , law and economics , economics , tax reform , constitution , legislation , computer science , philosophy , theology , programming language
The article examines practice of the Constitutional Court of the Republic of Latvia in assessing proportionality of restriction upon fundamental rights established in the field of tax law. The article argues that the Constitutional Court exercises self-restraint: the court does not examine, whether the measure chosen by the legislator is economically the most sound, whether the tax is necessary, whether other, alternative solutions that would be less burdensome for an individual exist (insofar as they are not confiscatory).
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