CONSTITUTIONAL ASPECTS OF THE LIMITATION OF MANDATES

Abstract

The issues such as political representation of the citizens,
limitation of mandates, incompatibility of political functions, loss of
eligibility, etc. have become increasingly visible and important within
contemporary democratic theory. It is generally noted that modern
democracy can only function with or through limitations that it had set
itself as legitimate and reasonable. Of course, the limitation of mandate
and the right to (re)-election of the holders of political functions, as well
as the issue of political and economic incompatibility, and the issue of
non-electoral status are the key principles that “limit” democracy, but at
the same time make it possible. In the context of the relations between
democracy and the limitation of the mandate, it is important to take into
consideration many variables such as: geography, history, tradition,
political culture, development of the country, the way in which democracy
has come about, etc. They influence the political behaviour, for example,
whether the holders of political offices in that country are more or less
prepared to resign under the pressure from the public, due to the
incompatibility of their functions, i.e. due to the non-ethical dimension
deriving from the several offices that one person holds. Limiting the
mandate is a key issue for the holder of power with respect to his or her
political responsibility. The aim of this paper is to explain the most
important aspects of the questions mentioned above.