Recepcja elementów idei prawa Gustawa Radbrucha na grunt prawa podatkowego

2021 ◽  
pp. 425-441
Author(s):  
Paweł Szecówka

The analysis of the elements of Gustaw Radbruch’s idea of law and their transfer to the theory of taxation area unlocks the potential to formulate important postulates for the tax legislator and the tax administration. Particular attention should be paid to the purposefulness of law, which calls for an entirely new perspective on establishing tax law, which may revolutionize the state-taxpayer relationship. The other postulates can also inspire the development of better tax law. Tax law may be better for both sides of the public-law relationship, and not only for taxpayers who (as it seems), especially in the legislator’s opinion, have been a priority of the tax law doctrine in recent years.

2019 ◽  
Vol 14 (2) ◽  
pp. 249-265
Author(s):  
Ionuț Mişa ◽  
Meral Kagitci

Abstract The efficiency of the Romanian tax administration has as a main purpose the maximization of the public revenues in order to support the expenses necessary for the good functioning of the state and the achievement of the budgetary balance. Public finance policy is a priority component of the overall policy of a state, manifested in the field of distribution and encompassing all the effective methods and means of procurement and directing of financial resources and the instruments, institutions and regulations in the field in order to influence the economic processes and the existing social relations at a time in an economy.


2013 ◽  
Vol 6 (3) ◽  
pp. 325-340
Author(s):  
Ridwan Al-Sayyid

This paper tackles the relationship between Islam and the state in light of the ongoing revolutions. It focuses on two perspectives: the Islamists' claim that the Shari'a and not the umma (community) are the source of legitimacy in the evolving regimes; and that it is the duty of the state to protect religion and apply the Shari'a. The main disadvantage of these propositions is that they preclude the Umma both from political power and Shari'a, thus pitting it against these two assets which become manipulated to its disadvantage by those holding power. On the other hand, an open-minded and reformist Islamic perspective believes in people regaining the prerogative to rule themselves, guided by their intellect and the public good. The main call for the Arab uprisings is to quit political Islam, which seems to be the major threat to religion, and dangerously divisive for societies.


2016 ◽  
Vol 21 (1) ◽  
pp. 101-126 ◽  
Author(s):  
Ariel Zylberman

AbstractThe two standard interpretations of Kant’s view of the relationship between external freedom and public law make one of the terms a means for the production of the other: either public law is justified as a means to external freedom, or external freedom is justified as a means for producing a system of public law. This article defends an alternative, constitutive interpretation: public law is justified because it is partly constitutive of external freedom. The constitutive view requires conceiving of external freedom in a novel, second-personal way, that is, as an irreducibly relational norm.


2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.


JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Heru Purwono

The State of Indonesia is a State of Law, so in the case of the policy being made it must be based on the law. Fulfillment of the State’s treasury not using the concept of Islamic State such as zakat, but using taxes, whose legal basis is not derived from the Quran or Sunnah but based on the ijtihad scholars related tax law is based on the Qur’an and Sunnah. This journal study aims to find out how the policy of tax amnesty in indeneia is contrary to the constitution or not, and this writing will also describe how the Islamic view of tax forgiveness. This type of research is normative juridical and research approach is approach concept and approach of law. The results of this study indicate that tax forgiveness in Indonesia is not only for tax runners, but also for tax officials who are negligent in carrying out duties in taxes, tax amnesty is very useful to improve the tax system in Indonesia, tax administration and when viewed from the concept of Mashlahah (Islamic law), the forgiveness of taxes including Mashlahah Dharuriyah which can be useful for Hifzh al-Nafs (keeping soul), and Hifzh al-Mal (guarding the treasures) of all Indonesian people.<br />Negara Indonesia adalah Negara Hukum, maka dalam hal kebijakan yang dibuat harus berdasar pada hukum. Pemenuhan uang kas Negara bukan menggunakan konsep Negara Islam seperti zakat, tetapi menggunakan pajak, yang dasar hukumnya bukan berasal dari Quran atau Sunnah akan tetapi berdasarkan ijtihad para ulama terkait hukum pajak tersebut yang didasarkan pada Qur’an dan Sunnah. Penelitian jurnal ini bertujuan untuk mengetahui bagaimana kebijakan pengampunan pajak di indonesia apakah bertentangan dengan konstitusi atau tidak, dan penulisan ini juga akan mengurai bagaimana pandangan Islam terhadap pengampunan pajak. Jenis penelitian ini adalah yuridis normatif dan pendekatan penelitiannya adalah pendekatan konsep (satute approach) dan pendekatan undang-undang (statute approach). Hasil dari penelitian ini menunjukkan bahwa pengampunan pajak di Indonesia bukan hanya untuk para pelari pajak saja, akan tetapi juga untuk petugas pajak yang lalai dalam menjalankan tugas dalam menarik pajak, amnesty pajak sangat bermanfaat untuk memperbaiki system perpajakan di Indonesia, administrasi perpajakan dan jika dilihat dari konsep Mashlahah (hukum Islam), pengampunan pajak termasuk Mashlahah Dharuriyah yang dapat berguna untuk Hifzh al-Nafs (menjaga jiwa), dan Hifzh al-Mal (menjaga harta) seluruh rakyat Indonesia.


2018 ◽  
Vol 49 (1) ◽  
Author(s):  
Caleb O'Fee

Behind every theory of administrative law lies a theory of the state. Nowhere is this more apparent than in the application of judicial review to government contracting decisions. New Zealand courts have long struggled to adopt a consistent and coherent approach in this area, and two recent decisions of relevance do very little to improve the situation. This article argues that a decision of the Supreme Court in Ririnui significantly broadens the scope of justiciability of government contracting decisions by providing an exception to Mercury Energy. The Court of Appeal's approach in Problem Gambling is more cautious but has nevertheless resulted in a broadening of the range of circumstances where government contracting decisions will be subject to judicial review. Beyond these limited findings the law both in New Zealand and overseas continues to lack consistency and coherence. This article suggests that while this state of affairs is undoubtedly the result of the application of a public law cause of action to a context which sits on the public law–private law divide, the courts should stop relying on an inconsistent doctrine and recognise that cases are being decided on the basis of normative conceptions of the proper role of judicial review in this context.


Author(s):  
Volga Yılmaz-Gümüş

   This study sets out to describe the state of the translation (not interpreting) profession in Turkey, approached by means of indicators based on professionalization (university-based translator training, legal instruments introduced to regulate the market, and professional associations) and solidity of the profession (proportion of men vs. women, translation graduates working as translators, freelance vs. in-house translators, and commitment to the profession). The indicators are investigated by analyzing documents (such as Regulation on the Public Notary, the National Occupational Standards for translators and interpreters, and the Prime Ministry’s report on the translation profession in Turkey), as well as survey and interview data gathered from the graduates of university translation programs, representing freelancers, in-house translators, and language teachers. The increasing number of university-based translation programs, legal instruments and translator associations suggests that continuous attempts have been made to enhance the degree of professionalization in translation. On the other hand, quantitative analyses of a survey administered to translation graduates indicate that the proportion of female translators is overwhelmingly high, that graduates tend to work as freelance translators, but freelancing is mostly not their main role, and that the graduates mostly have a positive perception of training, but do not feel prepared to enter the market after graduation. The findings of document and empirical analyses show that all traits of an established profession are still not present in translation while significant steps have been taken on the way to solidity and professionalization. 


2019 ◽  
pp. 714-732
Author(s):  
Stojan Slaveski ◽  
Biljana Popovska

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.


Author(s):  
Stojan Slaveski ◽  
Biljana Popovska

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.


Author(s):  
Mavhungu Abel Mafukata

Xenophobia is historically an old phenomenon in Africa. It has had numerous causes. Political rhetoric has been cited as one of the causes of xenophobia. Franz Fanon predicted in 1968 that Africa would sink into acts of xenophobia at some stage post-liberation. Fanon's prediction was fulfilled when President Kofi Busia of Ghana expelled Nigerian nationals from Ghana in 1969. This chapter used qualitative desktop approach to investigate how political rhetoric influenced the evolution of xenophobia in Africa. Political posturing and grandstanding of political elite and government bureaucrats encouraged xenophobia among locals. This action impedes efforts to eradicate xenophobia in Africa. It is possible for Africa to defeat xenophobia, and to also emerge out of its impact. The state should cooperate with other stakeholders to find a long-lasting solution to xenophobia. Political elite and government bureaucrats should desist from inciting the public for xenophobia. Irresponsible political rhetoric encouraging hatred of one people by the other should be punishable by law.


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