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Legal Consequences Of Party Switching In The Foreign Law

Author(s): Miloš B. Stanić
Subject(s): Law, Constitution, Jurisprudence, Government/Political systems, Politics and law
Published by: Institut za uporedno pravo
Keywords: free mandate; political parties; party switching; representative democracy;

Summary/Abstract: Relationship between member of parliament and his political party as well as party switching worldwide have been vastly discussed in literature. The representative democracy is unfunctional without political parties. Also, the representative democracy is unfunctional without free parliamentary mandate. We have, from one side, party discipline in the modern parliaments, but we also have, from the other side, free parliamentary mandate. That very fact has instigated the author to research this matter, specifically in the area of party switching and give incentive for further scientific research. At first glance, we have unsoluble problem, which has been caused by existence of party discipline and free mandate at the same time. One should examine the way in which modern states reconcile free mandate and party discipline, regarding party switching. The paper consists of four parts, first part is introduction, second part that gives brief overview of concrete solutions in the comparative law, third part that contemplates concrete solutions in Spain, Ukraine, Portugal and Israel, and concluding remarks that intent to summarize findings of the research.

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 133-147
  • Page Count: 15
  • Language: Serbian
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