On the constitutionality of the independent Deputy

Authors

  • Gonzalo Arruego

Keywords:

«Unaffiliated MP», constitutional concept of political representation, fundamental right to representative political participation, MP’s ius in officium

Abstract

Spanish Parliamentary Law has progressively recognized the category of «unaffiliated MPs». However, its constitutionality poses many different problems as both the constitutional concept of political representation and the fundamental right to representative political participation, suggest the image of a Parliament whose members are compulsorily organized in groups whose composition must be in accordance with the political preferences expressed by the citizenry in their election.