Autore
Orrù, Romano

Titolo
Divieto di mandato imperativo e anti-defection laws: spunti di diritto comparato
Periodico
Diritto pubblico comparato ed europeo
Anno: 2015 - Fascicolo: 4 - Pagina iniziale: 1097 - Pagina finale: 1116

The article focuses one of the most delicate theoretical issuesof liberal and democratic constitutionalism: political representation and limits toparty switching. On the one hand, the principle of "free parliamentary mandate"seems to preclude the possibility to introduce limits to the party switching, on theother hand the substantial compliance with the will of the voters and the principleof popular sovereignty seem to call for provisions as to disqualification of a memberof Parliament or of other Legislature on the ground of defection from his politicalparty. Between the large number of States that have adopted anti-defection lawsover the past several decades, the article focuses the nature and the effects of suchlaws in Brasil, India, South Africa and Portugal. The party mandate as anti-defectionmeasures is compatible with democratic State, but there is no valid response inabsolute as to whether its introduction is a sign of democratic progress or regression.While it is almost completely absent in old democracies, in new democracies antidefection law seems to play an important role to tackle political corruption.The adoption of anti-defection laws has a strong impact on party system and requiresother measures to ensure democratic process within each political party.



SICI: 1720-4313(2015)4<1097:DDMIEA>2.0.ZU;2-Z
Testo completo: https://www.rivisteweb.it/download/article/10.17394/82192
Testo completo alternativo: https://www.rivisteweb.it/doi/10.17394/82192

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