Illegal Voluntary Collecting By The Authority And Its Consequences

Summary

It is a well known rule that the municipal authority may not assume authority which was not specifically instilled upon it by law. An act of a governmental authority without the explicit authorization by law constitutes an exceeding in authority: meaning, an illegal act¹, and when collecting mandatory payments from the citizen, even unconstitutional².

At times, collecting mandatory payments (levies, fees or other taxes) without the said explicit authorization by law, is conducted without the citizen's knowledge of the demand's illegality (such as collecting excess municipal tax), however, at times, it is conducted with the citizen's knowledge and even with its explicit consent under the framework of a contractual obligation towards the authority.