Imperative Mandate


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Imperative Mandate

 

the compulsory instructions by voters to their deputy in a representative body. In the socialist countries imperative mandates are a basic factor defining relations between the deputies and the voters. If a deputy does not follow the mandate of his voters and loses their confidence or if his behavior is unworthy of the rank of deputy, he may be recalled.

In the capitalist states deputies are not bound by any legal obligations to their voters; formally they are considered representatives of the entire nation, not of the election districts from which they were elected. As a rule there is no procedure for recalling deputies, and the deputy’s mandate is not imperative. A number of capitalist constitutions (for example, the French Constitution of 1958, art. 27) directly prohibit imperative mandates. The Basic Law of the Federal Republic of Germany (art. 38) specifies that deputies to the Bundestag are not bound by mandates or commissions and answer only to their own consciences. A similar provision is contained in the constitutions and laws of other countries, including Denmark and Finland.

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The populist leaders have given themselves an imperative mandate to save the people from the evil elites, operating on a clear friend-enemy distinction that Carl Schmitt has identified to be the basis of politics: the good, common people are the friends, whereas the elites are the enemies that promote evil.
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Arseniy Yatsenyuk also stressed that the new wording of the Constitution should abolish the so-called imperative mandate of a member of the Parliament: "We believe that the imperative mandate restricts the rights and powers of Ukrainian MPs.
This measure was connected to the imperative mandate under which the functionary was a representative of those that put him or her in office.
Recalling that the imperative mandate of the Drzavni Zbor (Parliament) =remains the rule in his country, Mr Peterle emphasised the importance in =the context of the Convention and subsequently the IGC of clearly =identifying areas where consultation with national parliaments is =required in the context of decision-making and co-decision.
The parliamentarians won't lose their seats in Parliament in accordance with the provision on imperative mandate.
In addition, the amendments and additions exclude the basis for early termination of powers of MP previously associated with an imperative mandate.
The draft law removes the provision on termination of powers of MPs connected with the imperative mandate.
Under the Constitution a parliamentarian is not bound by imperative mandate, then why a parliamentarian should be bound by the stance of the political party leader?
Since a parliamentarian is not bound with imperative mandate, he or she can make a choice," he said.