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The Status of the Members of Parliament in Relationship With the Legal And Ethical Norms

Author

Listed:
  • Gabriela Nemtoi

    (Associate. Prof. PhD, "Ștefan cel Mare" University of Suceava, Romania)

  • Oana Nesteriuc

    (Lecturer. PhD., "Ștefan cel Mare" University of Suceava, Romania)

Abstract

The notion of mandate was initially established and judicially formulated in terms of the private law. Thus, the public law uses the word mandate in the sense of a special delegated power given to a subject of law based on an official procedure which serves as a basis for exercising his authority prerogatives in order to fulfil certain general duties.As part of the constitutional law, the notion of mandate is used in several texts such as section 63 the 1st, the 2nd and the 4th paragraphs; section 69; section 70 the 1st paragraph; section 72 the 1st paragraph; section 81the 4th paragraph; section 82; section 83; section 84 the 1st paragraph; section 104 the 2nd paragraph; section 110. However, in spite of the fact that there is a fairly extensive judicial framework that specifies the mandatary’s conduct, namely the quality of the members of Parliament, the debating issue refers to whether this framework is specifically deliniated in itself. Based on this approach, we will attempt to clarify whether the conduct of the members of Parliament is restrained solely by legal norms or whether their actions are influenced by their ethical actions.

Suggested Citation

  • Gabriela Nemtoi & Oana Nesteriuc, 2019. "The Status of the Members of Parliament in Relationship With the Legal And Ethical Norms," European Journal of Law and Public Administration, Editura LUMEN, vol. 6(2), pages 245-253, December.
    • Handle: RePEc:lum:ejlpa1:v:6:y:2019:i:2:p:245-253
    DOI: https://doi.org/10.18662/eljpa/101
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    More about this item

    Keywords

    Mandate; member of Parliament; constitutional; subject of law.;
    All these keywords.

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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