Before proceeding to consider the classification of existing mandates, it is necessary to find out what this term implies. So, this definition is a diplomatic document that is responsible for certifying the legal basis of legal representation.
Current practice
Modern science of the political life of society often uses the concept of a deputy mandate. It represents a certain documentation, which describes the legitimacy of the actions of a particular representative of the chosen type of government. In addition, the certificate in question limits the scope and scope of authority possessed by the deputy of an institution, as well as the rights and obligations of the person in question. In addition, the deputy mandate includes a description of the totality of public functions assigned to a representative of the parliament or other authority. It should be remembered that all of the above powers and responsibilities are entrusted to the person in question by the constitution and various legal acts. The conditions of a modern state with a democratic system of governance prescribe the following list of functions: deputy immunity; the right to receive a salary for the implementation of a certain type of activity (so-called indemnity).
Classification
In addition to all the above, it should be noted that the mandate is necessary to determine the form and quality of the relationship between the deputy and his voters. Most modern democracies use the so-called nationwide principle. This allows us to represent the deputy in question as a representative of the whole country as a whole, and not of any particular region or constituency. Thus, at present, the following classification has developed. Distinguish between imperative and free mandate. Let us consider both of these categories in more detail.
Imperative mandate
Let's start in order. First of all, it is necessary to find out what an imperative mandate is. This term implies a description of the set of restrictions that are imposed on the actions of a particular official on the basis of certain conditions. In the event that these restrictions are violated, then the constitution and regulatory acts prescribe penalties. For example, the revocation of authority from the deputy in question. An imperative mandate may specify the following restrictions. For example, prohibitions on leaving the existing faction into which he was elected according to the party definition lists, and so on. The imperative mandate is characterized by a specific procedure for recalling an official who does not adhere to the requirements set. Based on the foregoing, certain conclusions can be made. One of them will be the following: the imperative mandate of a deputy means that the representative of any authority under consideration is limited by the orders of his voters, and also bears full responsibility to them for all actions committed. In this case, one should take into account the circumstance according to which the current legislation designates the probability of withdrawing the powers vested in him if he does not cope with them or if the official in question does not live up to the expectations and trust of his followers.
Scope of application
An imperative mandate is used in most socialist countries. As a rule, states characterized by a liberal democratic system refused to introduce such a form of government. This became necessary due to the fact that a rather large number of contradictions arose with legal norms, as well as the principles of national representation. Thus, it can be considered that an imperative mandate is in most cases the prerogative of the countries of the post-Soviet space. However, there is an exception to each rule. In this case, it is necessary to single out one of the chambers of the Parliament of the Federal Republic of Germany that existed earlier. It was called the Bundesrat and was formed not by voters, but by the direct government of the region. Consequently, the duties of the deputy of this chamber included requirements for the implementation of instructions received from the government in those days.
Free mandate
Democratic states assume the activities of deputies on a professional basis. Consequently, in many countries the officials in question have a free mandate. This form, in turn, suggests the presence of some significant differences. For example, an imperative mandate of a deputy means the relationship of a particular official and voter. Free is the other way around. Despite the fact that the representative is the face of the whole nation, there are no restrictions imposed according to the will of his voters. In other words, the deputy should not carry out any orders coming from his followers. Another difference is that, with a free mandate, voters do not have the right to remove a representative from his post and remove any authority from him. However, such a structure does not give the deputy absolute freedom of action. The representative of the people should take into account the opinions and wishes of their constituents, as well as be subordinate to the party or faction in which they are members, to follow its principles and discipline.
Complete opposites
If we consider both of the above categories as a whole, then we can easily conclude that each of them has some characteristics and criteria that are polar in the general comparison. For example, an imperative mandate is the exercise of absolute control over the activities of an official by voters. A deputy is not only obliged to listen to their opinion, but also to provide periodic reports. Imperative mandate means the representative's dependence on the people. In turn, free form implies the relative freedom of a deputy. This allows him to somewhat expand his circle of powers.
Forms of activity
Regardless of the category of deputy mandate, there is a certain series of actions performed by party representatives. As a rule, these are activities in constituencies (solving voters' problems and meeting with them), work in committees and commissions of the parliament, active participation in the life of the faction, and much more.