Suchergebnisse

In Germany, many researchers – including judges – believe that the idea of proportionality should stem from the notion of Rechsstaat. The term, when translated into English, is Rule of Law, and "Etat de Droit" in French. Applying the rule of law as a reason for adopting proportionality as a factor for limiting constitutional rights via the constitutionality of sub-constitutional law has also been implemented by other legal organizations. To understand the liaison connecting the rule of law and the doctrine of proportionality, it is essential to determine whether the proportionality could have a harmony with the values of rule of law in five steps. First, it is necessary to enquire whether the rule of law principle has a constitutional position. Next, it must be determined whether the rule of law as a principle of the constitution includes a feature of Human Rights. Third, we must ascertain whether the rule of law, as a principle of the constitution, is based upon an equilibrium amid constitutional rights and their limitations. Fourth, it must be determined that such a balance is conducted through the use of limitation clauses (statutes or the common law). Fifth, it is essential to establish an opinion on whether limitation clauses, which advance the standard of the rule of law, are based on proportionality.

Cover -- Contents -- List of Boxes, Figuresand Tables -- Preface -- Chapter 1 Introduction -- Political economy to economics -- The emergence of rational choice ( 1950- 1970) -- The take- off to growth ( 1970- 1994) -- A difficult decade ( 1994- 2004) -- Major combat operations are over? ( 2004-) -- Chapter 2 James M. Buchanan and ConstitutionalPolitical Economy -- Setting the stage: the state as an escapefrom Hobbesian anarchy -- Exchange and the constitutional framework -- Choice within rules versus choice among rules -- The Calculus of Consent -- Covenants without the sword -- Assessment -- Chapter 3 Anthony Downs and the Spatial Theory of Party Competition -- Setting the stage: the demands of democracy -- The precursors of party competition -- The median voter theorem -- Qualifying the argument: accounting for divergence -- Assumption 1: there are only two parties -- Assumption 2: political space is one- dimensional -- Assumption 3: parties can move to and occupyany point in this one- dimensional space -- Assumption 4: parties are vote- maximizers -- Assumption 5: voters vote for the party closestto them in political space -- Assumption 6: there is perfect information -- Assumption 7: voters' preferences are fixed -- Assessment -- Chapter 4 William Riker and the Theoryof Coalitions -- Setting the stage: choosing a voting system -- Riker and the theory of the minimal- winningcoalition -- Policy- seeking parties -- The portfolio- allocation model -- The transaction costs of policy agreements -- Assessment -- Chapter 5 Kenneth Arrow and Social Choice Theory -- Setting the stage: democracy and the public will -- The precursors of social choice theory -- Arrow: social choice and individual values -- Riker: liberalism against populism -- The possibility of social choice -- Assessment -- Chapter 6 Mancur Olson and the Logic of Collective Action.

In political theory, the subject of tax morale is closely linked to issues of citizenship and civic duties. Research on tax morale, however, is still rather underdeveloped in political science. In this article, we systematically compare a rational considerations approach with an approach focusing on the influence of community orientations on an individual's tax morale. We expect that contexts varying with the existence and duration of communist rule have caused systematic differences in terms of the motivation for tax morale. Multilevel analyses based on data taken from the fourth wave of the World Values/European Values Survey (1999/2000) confirm our expectations that socialization under communist rule strengthens the relevance of community orientations in explaining an individual's tax morale and reduces the impact of rational considerations.

In political theory, the subject of tax morale is closely linked to issues of citizenship and civic duties. Research on tax morale, however, is still rather underdeveloped in political science. In this article, we systematically compare a rational considerations approach with an approach focusing on the influence of community orientations on an individual's tax morale. We expect that contexts varying with the existence and duration of communist rule have caused systematic differences in terms of the motivation for tax morale. Multilevel analyses based on data taken from the fourth wave of the World Values/European Values Survey (1999/2000) confirm our expectations that socialization under communist rule strengthens the relevance of community orientations in explaining an individual's tax morale and reduces the impact of rational considerations. [Reprinted by permission of Sage Publications Ltd., copyright, the International Political Science Association.]