From a free Mandate to a replaceable Deputy Cover Image
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Od slobodnog mandata ka promenljivom delegatu
From a free Mandate to a replaceable Deputy

Author(s): Milan Jovanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Nova srpska politička misao
Keywords: free mandate; imperative mandate; election system; election quotas

Summary/Abstract: Free mandate as a relationship between the electorate and representatives is the basic principle of parliamentary representation. A deputy is elected by citizens in a single constituency, but he represents the entire constituency, not only those who voted for him; he is free to make decisions; immunity protects him from any responsibility and he cannot be dismissed – these are the foundations of a free mandate. Due to strengthening the function of political parties in parliamentary and electoral processes a free mandate has become increasingly limited and controlled by parties – it becomes less free and more bound. In the provision by which a deputy can put his/her term of office at the disposal of the political party on whose proposal he/she has been elected a deputy, the 2006 Serbian Constitution seriously violates the character of the free mandate and of constitutional principles – citizens’ sovereignty, European principles, parliamentary immunity and supports the practice of blank resignation letters. Along with the spread of the quota system, which includes women and ethnic minorities, these elements aggravate the concept of a free mandate. A deputy no longer represents all citizens, but is an envoy of particular identities. All these things shake the foundations of representative democracy and are one step closer toward a replaceable delegate.

  • Issue Year: 16/2008
  • Issue No: Spec ed 2
  • Page Range: 85-99
  • Page Count: 15
  • Language: Serbian