IMPERATIVE MANDATE AND CONSTITUTIONAL STATE: THE DIALECTIC OF THE RELATIONSHIP
| Autor: | Emil Alimov |
|---|---|
| Rok vydání: | 2016 |
| Předmět: | |
| Zdroj: | Journal of Foreign Legislation and Comparative Law. |
| ISSN: | 2587-9995 1991-3222 |
| DOI: | 10.12737/20574 |
| Popis: | The article is devoted to the analysis of the theory and legal regulation of imperative mandate. The author reveals the essence of the imperative mandate and makes an attempt to explain the cause for rejecting this model of mandate in many democratic countries at the highest constitutional level. The author notes that instruction of electors determines the legal nature of the imperative mandate and the free mandate. The article analyzes the traditional understanding of the imperative mandate and free mandate. It criticizes the practice of ‘blaming’ the imperative mandate for the political party and fraction’s influence over Deputies. Report and recall in the imperative mandate structure are the guarantees of the implementation of the instruction of electors. The relations between a Deputy and the political party or fraction should be outside of the imperative mandate structure, because they are phenomena of a different nature. On the basis of theory and practice, the author concludes that the instruction of electors is acceptable in modern democracy. The instruction of electors has a great potential as an institute of direct democracy and as an effective way for accumulating electors’ needs and interests. |
| Databáze: | OpenAIRE |
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