Bowles v. Bank of England
Bowles v. Bank of England, [1913] 1 Ch. 57, 84-85
By the statute 1 W. & M., usually known as the Bill of Rights, it was finally settled that there could be no taxation in this country except under authority of an Act of Parliament. The Bill of Rights still remains unrepealed, and no practice or custom, however prolonged, or however acquiesced in on the part of the subject, can be relied on by the Crown as justifying any infringement of its provisions. It follows that, with regard to the powers of the Crown to levy taxation, no resolution, either of the Committee for Ways and Means or of the House itself, has any legal effect whatever. Such resolutions are necessitated by a parliamentary procedure adopted with a view to the protection of the subject against the hasty imposition of taxes, and it would be strange to find them relied on as justifying the Crown in levying a tax before such tax is actually imposed by Act of Parliament.
It seems that Gordon Brown is in deep do do, concerning the levying of Air Passenger Duty, which was announced in the Pre-Budget Report.
Read more at Iain Dales Diary
Edw. II 1322 Revocatio Novarum Ordinationum
"Ordinances or provisions concerning the King and the realm made by subjects shall be void and none such shall be made except by the King, Lords and Commons in Parliament".
By the statute 1 W. & M., usually known as the Bill of Rights, it was finally settled that there could be no taxation in this country except under authority of an Act of Parliament. The Bill of Rights still remains unrepealed, and no practice or custom, however prolonged, or however acquiesced in on the part of the subject, can be relied on by the Crown as justifying any infringement of its provisions. It follows that, with regard to the powers of the Crown to levy taxation, no resolution, either of the Committee for Ways and Means or of the House itself, has any legal effect whatever. Such resolutions are necessitated by a parliamentary procedure adopted with a view to the protection of the subject against the hasty imposition of taxes, and it would be strange to find them relied on as justifying the Crown in levying a tax before such tax is actually imposed by Act of Parliament.
It seems that Gordon Brown is in deep do do, concerning the levying of Air Passenger Duty, which was announced in the Pre-Budget Report.
Read more at Iain Dales Diary
Edw. II 1322 Revocatio Novarum Ordinationum
"Ordinances or provisions concerning the King and the realm made by subjects shall be void and none such shall be made except by the King, Lords and Commons in Parliament".
oh hm
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posted by Anoneumouse at 3:25 pm
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