Scope of Constitutional Review of Tax Law Provisions

Authors

DOI:

https://doi.org/10.22364/jull.11.08

Keywords:

tax law, constitutional review, scope, self-restraint

Abstract

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).

Author Biography

Jānis Neimanis

Dr. iur.
University of Latvia, Faculty of Law
Assoc. Professor at the Department of Legal Theory and Legal History
Justice of the Constitutional Court of the Republic of Latvia

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Published

2018-08-22

How to Cite

Neimanis, J. (2018). Scope of Constitutional Review of Tax Law Provisions. Journal of the University of Latvia. Law, (11), 103–109. https://doi.org/10.22364/jull.11.08