Дилеме слободног мандата: између воље народа и власти странака
The Dilemmas of an Independent Mandate: Between the Will of the People and the Power of the Parties

Summary/Abstract: This paper studies the dilemmas in relation with the free and independent mandate. Although the free and independent mandate is cornerstone of the democratic constitutionalism, it is changing due to the influence of political parties and electoral systems. In many countries the legal norms against party-switching, defecting and floor crossing were issued. According to the art.102.par.2. of the Serbian Constitution, a MP shall be free to irrevocably put his or her mandate at the disposal of the political party upon whose proposal has been elected. The author especially investigates the extent to which that provision of the Constitution can be used as corrective of the free mandate, but also be in accordance with it

• Details
• Contents