Judgment No. CCZ 9/2016 45
Const. Application No. CCZ 316/2012
If the legislation is within the taxing power it may not be declared
unconstitutional because its effect may be to accomplish another purpose as well as the raising of
revenue. The argument is the same as saying that the question of power depends not upon the
authority conferred by the Constitution, but upon what may be the consequence arising from the
exercise of the lawful authority.
If a tax be within the lawful power, the exertion of that power may not be
judicially restrained because of the results that arise from its exercise. The power to tax is
exercised oppressively upon persons who have fundamental rights. The rights are not destroyed.
They are restricted to the extent necessary for the public purpose of raising revenue consistently
with the principles of freedom and justice upon which the Constitution rests. McCray’s case
supra at 64.
As pointed out, inquiry into the hidden motives which may have moved the
Legislature to exercise the power of taxation constitutionally conferred upon it, is beyond the
competence of courts. The Court will not undertake a collateral inquiry, as to the measure of
regulatory effect on the conduct of possession of an appliance capable of receiving a
broadcasting service because of alleged violation of the right to freedom of expression. To do so
would be an attempt to undermine the exercise by the Legislature of the constitutional power of
taxation. Sonzinsky v United States 300US 506(1937).
The challenges to the constitutionality of the relevant provisions of the statute,
appear to have been motivated by what each applicant said was decreasing public confidence in
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