The Origine of the Imperative Mandate in the First Czechoslovak Republic

Vol.17,No.2(2009)

Abstract
In the article author focuses on the progress of the imperative mandate in the First Czechoslovak Republic and tries to involve reasons that made it possible. In this context he mostly investigates influence of the previous Austrian legal regulations, activity of the Revolutionary National Assembly and the Election Court. He also analyses effect that principles of proportional representation and list of electors have on this institute.
Author holds an opinion that it was not only statutes which established the imperative mandate but very important was also the way by which these statutes were practised. First of all, the roles of Election Court was indispensable, but postures of many politicians, lawyers and journalists to this thing had an immense influence too. The great deal of public was supporting this positive opinion as well. One of the most significant points were unfortunate matters arising from the facts that a construction of the First Czechoslovak Republic's Constitution stood closer to respectable ideals than to real life and that neighbouring countries, which were not democratic states, considerably enhanced dependence of members of parliaments on political parties.
On the base of his reflections author persuades that imperative mandate was not solid, well-considered and desirable part of constitutional bases of the First Czechoslovak Republic and then situation which made it possible was very distinct from nowadays. For these reasons author also refuses argumentation of some present-day politicians who base their arguments about democratic character of imperative mandate on references to the First Czechoslovak Republic.

Pages:
124–130
Author biography

Martin Hapla

Faculty of Law, Masaryk University, Brno

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