Constitutional Law: Federal Tax Law Effecting Regulation of Child Labor Unconstitutional

1922 ◽  
Vol 20 (4) ◽  
pp. 446
2019 ◽  
Vol 11 (2) ◽  
pp. 230
Author(s):  
Carlos María López Espadafor

Abstract: One of the basic preliminary issues that would contribute to a better development of EU Tax Law should consist on a definition, within its own judicial discipline, of the material principles of Tax Justice. We cannot expect to make progress in the technical development of the community tax rules and in the enlargement of their scope of action, without having previously defined certain taxation parameters. These, in turn, could be seen as a reassurance by the taxpayers of the various Member States of the European Union regarding its tax rules. It should be able to define some principles that were somewhat similar to those included in the Constitutions or the Constitutional Law of the various member States.Keywords: law, European Union, states, tax justice, European taxpayers.Resumen: Una de las cuestiones preliminaries básicas que contribuirían a un mejor desarrollo del Derecho Tributario de la Unión Europea, sería la concreción de una definición, sin perjuicio de su propia disciplina jurisprudencial, de los principios materiales de justicia tributaria. No podemos pretender progresar en el desarrollo técnico de las normas tributarias comunitarias y en una ampliación del alcance de su actuación sin haber definido previamente ciertos parámetros tributarios. Éstos, a su vez, podrían verse como una garantía para los contribuyentes de los Estados miembros de la Unión Europea con respecto a sus Ordenamientos jurídico-tributarios internos. Esto podría desembocar en la definición de algunos principios que en cierto modo serían paralelos a los recogidos en las Constituciones de los Estados miembros.Palabras clave: derecho, Unión Europea, estados, justicia tributaria, contribuyentes europeos.


2020 ◽  
Author(s):  
Alexander Brade

More and more individuals are exposed to various measures imposed on them by public authorities. Nearly all areas of life are affected, for example environment law, tax law or social law. Basic constitutional law clearly states that the accumulation of infringements should be taken seriously. But what does that mean exactly? This analysis first addresses the conditions which allow such measures to be ‘accumulated’. Secondly, it shows how such ‘additive’ interferences with fundamental rights can be worked with. It thus recommends modifying a conventional examination of this issue, which only considers each infringement separately. The logical consequence of this is that the concept of legal protection must become more open in order to measure the impact of multiple infringements.


1919 ◽  
Vol 13 (1) ◽  
pp. 47-77
Author(s):  
Thomas Reed Powell

The federal Child Labor Law was declared unconstitutional in Hammer v. Dagenhart by a vote of five to four. It forbade the transportation in interstate or foreign commerce of the product of any mine or quarry “in which within thirty days prior to the time of the removal of such product therefrom children under the age of sixteen years have been employed or permitted to work,” with similar prohibitions covering the products of mills and factories in which children under fourteen were employed or children under sixteen were employed more than eight hours a day. The majority opinion misinterpreted the statute and assumed that it permitted goods “to be freely shipped after thirty days from the time of their removal from the factory,” whereas it permitted only the shipment of stock on hand thirty days after children had ceased to be employed. The law was so framed as to avoid the necessity of proof that children coöperated in the making of specific articles produced in a factory in which children were employed, and yet to remove any ban on shipment from an establishment which for thirty days had employed only adult labor.


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