The representative mandate-the essence of constitutional democracy  Cover Image

Mandatul reprezentativ-esenţa democraţiei constituţionale
The representative mandate-the essence of constitutional democracy

Author(s): Alexandru Amititeloaie
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: democracy; power of the people; state of law; constitution; representative mandate; imperative mandate; sovereign people; elections; revocation; political responsibility

Summary/Abstract: Nearly a quarter century after the beginning of the democratic process in Romania following the moment December 1989, the idea of democracy is for the population an increasingly vague notion. The vociferous proclamation of this concept, as an answer to the previous dictatorial regime, as well as the excessive specific language, opposed however to the abusive and discretionary conduct and attitude of the representatives of the new power, have generated a serious error of perception from the public opinion. The extent of these errors is such that at the level of certain social segments event the daily difficulties of the population are explained by the democratic process. In the absence of a convincing political conduct it is difficult to explain that it is not democracy itself that causes the evils in our country, but its use as a mask to dissimulate abusive, disloyal and discretionary behaviors from the power center. The sovereignty of the people, which should legitimate the government in order for this to be a democratic one, has become a meaningless slogan used in the political discourse only to justify the selfish actions of political actors. Under these circumstances the representative mandate, which is in fact the foundation of the democracy of a state, currently knows a process of rapid alteration and falsification even in the spirit of the Constitution.

  • Issue Year: III/2014
  • Issue No: 1
  • Page Range: 5-30
  • Page Count: 26
  • Language: English