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Translating Tax Policy into Law: Legislation and Beyond

Edited by: Dominic de Cogan, Alexis Brassey, May Hen

ISBN13: 9781509996001
To be Published: April 2027
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00





This book provides a key point of reference on the translation of tax policy into legislation and other legal norms.

There is a great deal of frustration about how this takes place at present. Thousands of hours are spent on fundamental reviews of tax law yet very little seems to change. There are points of systematic resistance to tax law reform. Tax legislation is prone to misjudgements and sometimes even mistakes. Systems of democratic and expert scrutiny leave much to be desired. There are also concerns about undue influence, and bad decisions can create path dependencies that are difficult to escape.

These matters are explored in detail in this book by an inspiring cast of established and early-career researchers from various jurisdictions. The authors have entered into dialogues about what it means to translate tax policy into law, who is and who should be responsible, how things work in different legal systems, and whether existing approaches could be improved.

The book is accessible to those new to taxation and legislative processes as well as to experts, and is recommended for lawyers and non-lawyers alike.

Subjects:
Taxation
Contents:
1. Translating Tax Policy into Law
Dominic de Cogan (University of Cambridge, UK), Alexis Brassey (University of Cambridge, UK) and May Hen (Simon Fraser University, Canada)

Part 1: Framing Tax Policy
2. The Legal, Economic and Institutional Challenges of Implementing Planned Tax Reforms
Ziyi Wang (Cornell University, USA)
3. The Case for a UK Fiscal Policy Committee: Restoring Trust, Discipline and Legitimacy
Alexis Brassey (University of Cambridge, UK)
4. Legal Expertise in Tax Policy: Can We Build a Just Tax System Without Ethics?
Jo Badisco (Hasselt University, Belgium)
5. Legal Perspectives on the Development and Enactment of Tax Policy: A Personal View from Great George Street, Westminster
Victor Baker (HMRC, UK)
6. The Politics of Impermanence
Victoria J Haneman (University of Georgia, USA)

Part 2: Lawmaking Beyond Legislators
7. Delegated Taxation in an Age of Democratic Decline
Rory Gillis (University of Western Ontario, Canada)
8. Tax Policy in the US Administrative State
Blaine G. Saito (Ohio State University, USA)
9. Indirect Legal Intervention in Tax Policy Formulation: Planning, Litigation, Lobbying
Henry Ordower (St Louis University, USA
10. Executive Lawmaking by Means of EU Direct Tax Directives
Florian Haase (Rödl &
Partner; IU International University, Germany)
11. Legislative Lacunae and Judicial Law Making – Can Policy Implementation be Delegated to the Courts? (How Australian Courts Find the Geographic Source of Income)
Christina Allen and Rick Krever (Curtin University and UWA, Australia)
12. Tax Policy Ex Machina and the Use of AI in Tax Administration
Vasiliki Koukoulioti (QMUL, UK)

Part 3: Evaluating Existing Processes
13. The Contest of 'Principle, Policy... and Pragmatism” in Legislative Drafting: A Faultline in the New Zealand Generic Tax Policy Process?
Shelley Griffiths (Otago University, New Zealand)
14. The Fragility of Fundamental Tax Reform: Lessons for Legislators After 40 Years
Richard Kaplan (University of Illinois, USA)
15. Does QMV Spell Trouble?
Jeroen Lammers (Copenhagen Business School, Denmark)
16. Legal Perspectives on the Enactment and Interpretation of General Anti-Avoidance Tax Laws: Statutory Interpretation on the Road Less Travelled By
Craig Elliffe (University of Auckland, New Zealand)
17. The Timing of Tax Legislation: Controlling Unpleasant Surprises
Edgar Drozdowski (Adam Mickiewicz University, Poland) and Dominic de Cogan (University of Cambridge, UK)