some thoughts on the Conservative proposal to legislate to stop tax rises

1. In order to raise tax, or to introduce new tax, legislation is required.

2. So a law to Stop the raising of tax or the introduction of new tax is a law to stop passing a law later on. Why is that needed if you don’t plan to raise tax or introduce new tax? What does it add?

3. What would be the sanction for breaching the law? If parliament passed a law contrary to the earlier law what would happen? Could someone go to court to prevent the application of the new law (raising tax)? given that legislation from Westminster has only been suspended In the context of a breach of EU law (the Factortame case) could the court block the new law? Particularly when there is a general principle of parliamentary sovereignty that allows Parliament to make or unmake any law, and where there is a well established principle of implied repeal where later legislation is inconsistent with earlier legislation.

4. In summary:

this seems to be meaningless bollocks legally.

Well done Dave and Lynton. well done.

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About loveandgarbage

I watch the telly and read when not doing law stuff and plugging my decade and a half old unwatched Edinburgh fringe show.
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3 Responses to some thoughts on the Conservative proposal to legislate to stop tax rises

  1. korhomme says:

    Perhaps this new law will only come into force after taxes have been raised.

  2. Pam Smith says:

    I think it’s another mechanism for wooing others into Dave’s ‘small tent’ minority government. Maybe people in his own party.

  3. drplokta says:

    There’s already a law preventing tax rises. The current rates of tax are set by law, and Parliament needs to vote to change the law to increase them. Whereas if Cameron’s proposed law were to be passed, Parliament would need to vote to change the law to increase taxes. It would change nothing.

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