FREE MANDATE AS AN ELEMENT OF REPRESENTATIVE DEMOCRACY: HISTORICAL AND THEORETICAL NOTES

Problem setting. The purpose of article is illumination of the general-theoretical characteristic of free type of the representative mandate by the analysis of constitutional and legal thought and the generalized practical experience of activity of representative bodies. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: Em. Siyes, M. Prelo, M. Ammeler, B. Manen, K. Hesse and others. Target of research. Analysis of the content of the free type representation mandate and clarify the specifics of the consolidation and functioning of the free mandate in the face of domestic constitutionalism, and to offer possible ways of improvement of constitutional legislation in the aspect of the research question. Article’s main body. A question of formation and development of model of free representation is considered in this article. The constitutional and legal bases of fixing and functioning of free type of the mandate in the conditions of domestic constitutionalism are also demonstrated in work. Conclusions and prospects for the development. The free mandate doesn`t mean complete freedom of parliamentarians’ action, although, unlike the imperative gives much more opportunities for independent work. Even in the conditions of right to recall and binding with voters orders absence, deputy as a representative of the people can`t manage without getting in touch with voters and interacting with them. If such a situation occurred, it would give a result to a gross violation of the democracy principle, namely one of its institutes ? representative democracy. Deputies should express the common will of the people, which is embodied in the laws, and it’s impossible without keeping connections with the voters. Upholding free type mandate opens up more opportunities for professional growth of deputies in comparison with the imperative mandate. The deputy, who is convinced that he would continue his professional activities without the threat of withdrawal has an opportunity openly and independently express his opinion. Simultaneously the free mandate significantly reduces the impact of regional lobbying.