The legal-political statute of the deputy: Between party loyalty and the loyalty to its electorate

Authors

  • María Holgado González Universidad Pablo de Olavide

DOI:

https://doi.org/10.18042/cepc/redc.111.02

Keywords:

Political parties, parliamentary groups, deputies, elections, compulsory mandate, discipline of vote, electoral program, free vote.

Abstract

The refusal of fifteen deputies of the Congress to abide by the discipline of vote of its parliamentary group, during the recent session of the investiture of the President of the Government, in October 2016, revived the classic debate on party discipline and the constitutional prohibition of the imperative mandate. This article aims to reflect on whether the unavailability of the seat for the party is sufficient guarantee for the representative mandate and freedom of vote of members, or if political, legislative and jurisdictional measures should be implemented in order to allow to overcome the conflict of loyalties in which members can be found when indications of vote of its group contradict election commitment.