Политичке странке и посланички мандат
Political parties and parliamentary mandate

Author(s): Miloš B. Stanić
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Government/Political systems, Electoral systems
Published by: Institut za uporedno pravo
Keywords: Parliamentarism; Parliamentary mandates; Serbia; Constitutional law
Summary/Abstract: The question of the legal nature of the parliamentary mandate is of such a nature that many other questions of representative regimes are refracted through it. It seemed that the answer to it was clearly and unambiguously provided during and after the Great French Revolution. The framers of the constitution, in all democratic countries or those that wanted to legitimize themselves as such, repeated that the mandate of deputies is free, and that the imperative mandate is prohibited. Otherwise, a free mandate means that deputies are completely legally free in the performance of their functions, and no one can give them legally binding instructions and cannot revoke them. In contrast, with an imperative mandate, deputies can receive legally binding instructions, and they can also be revoked. It seemed that the imperative mandate that existed in the medieval state had become a historical category. True, the imperative mandate did not completely disappear and survived after the French Revolution, and especially after World War II and the spread of the communist, one-party system in the world. After the fall of the Berlin Wall and the collapse of communism in Europe, the free parliamentary mandate again became a conditio sine qua non of representative democracy. It seemed that the free parliamentary mandate was once again and forever universally accepted.

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