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66 In the process of this inevitable and necessary reappraisal and reform of the tax laws, procedures and practices, and the creation of a new fiscal culture, the legal safeguards could be vulnerable. Th is was the real concern. When considered with a new self-motivating commercial dynamism, an inexorable growth in the bureaucratic authority of the state and a legal system faced with a sustained demand for change, the need for taxpayers to ensure they were taxed strictly within the law became an issue of considerable importance.

See Adams, ‘Surveyors’, 299–300.  T h e V ic t or i a n Ta x pay e r a n d t h e L aw a self-perpetuating civic elite as a result of their appointment and renewal from their own ranks. The judicial safeguards The third major safeguard established in English law was judicial in nature. 150 It subjugated the crown and made Parliament supreme. Legislation was the province of Parliament, administration that of the executive, and adjudication, being the state’s power to resolve disputes between its subjects or itself and its subjects, that of the judges of the regular courts of law.

15th edition, 4 vols. (London: T. Cadell and W. Davies, 1809), vol. i, p. 324 n. It seems that this observation was not included in the following edition. Gildart v. Gladstone (1809) 11 East 675.  T h e V ic t or i a n Ta x pay e r a n d t h e L aw Adjudication In their adjudicative capacity, the judges heard and determined disputes between subjects and between the subject and the crown. In the case of tax disputes, however, unlike other branches of English law, the specialist local tribunals determining disputes in relation to the direct taxes constituted the primary formal adjudicative safeguard for the taxpayer.

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