The personality and indelegability of the vote and the reforms of the regional Parliaments regulations

Josu de Miguel BáRcena

    Research output: Contribution to journalArticleResearchpeer-review

    Abstract

    This paper analyzes the reforms of the Standing Orders of the Parliaments of Andalusia, Catalonia and Basque Country, which allow temporary or circumstantial delegation of vote of their parliamentarians and deputies. In this sense, artículo 79.6 of the Spanish Constitutions states that the vote of Senators and Members of Congress shall be personal and may not be delegated. However, although there is no explicit prohibition to the parliamentarians and deputies of the Self-governing Communities, the Spanish constitutional system is based on a concept of representative democracy that does not allow the delegation of the parliamentary vote in a general sense. In this concept, is important to remember that the parliamentarians shall not be bound by any possibility of compulsory mandate.
    Original languageEnglish
    Pages (from-to)149-170
    JournalRevista Espanola de Derecho Constitucional
    Volume30
    Issue number90
    Publication statusPublished - 1 Sep 2010

    Keywords

    • Compulsory mandate
    • Delegated vote
    • Representative democracy
    • Self-governing communities
    • Standing order of the parliament

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