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Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.
Compensation (Law) --- Eminent domain --- Taxing power --- Police power --- Economic liberties (U.S. Constitution) --- United States --- Appropriations and expenditures.
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The central element of the taxpayer's relationship with the law was the protection it afforded to ensure only the correct amount of tax was paid, that it was legally levied and justly administered. These legal safeguards consisted of the fundamental constitutional provision that all taxes had to be consented to in Parliament, local tax administration, and a power to appeal to specialist tribunals and the courts. The book explains how these legal safeguards were established and how they were affected by changing social, economic and political conditions. They were found to be restrictive and inadequate, and were undermined by the increasing dominance of the executive. Though they were significantly recast, they were not destroyed. They proved flexible and robust, and the challenge they faced in Victorian England revealed that the underlying, pervasive constitutional principle of consent from which they drew their legitimacy provided an enduring protection for the taxpayer.
Taxing power --- Tax protests and appeals --- Tax administration and procedure --- Tax appeals --- Administrative remedies --- Appellate procedure --- Tax courts --- Power of taxation --- Taxation, Power of --- Constitutional law --- Sovereignty --- Taxation --- Tax practice --- Tax procedure --- History. --- Law --- General and Others
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