Journal article
Disclosure, not disqualification: A democratic proposal to promote the fidelity of elected representatives to the people
- Abstract:
- What is the appropriate role for public law in promoting the fidelity of elected representatives to the people? We examine the qualification (and disqualification) of representatives in five common law jurisdictions: Australia, Canada, New Zealand, the United Kingdom, and the United States. We identify requirements seeking to ensure integrity and competency, and avoid conflicts of interest. We argue all are undemocratic, because courts do not need to intervene where electors could make their own judgements as to the suitability of their representatives. To facilitate informed electoral – not judicial – choices, we propose a regime of compulsory public disclosure by candidates.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Accepted manuscript, pdf, 314.2KB, Terms of use)
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Authors
- Publisher:
- Thomson Reuters
- Journal:
- Public Law Review More from this journal
- Volume:
- 30
- Issue:
- 3
- Pages:
- 190-210
- Publication date:
- 2019-11-29
- Acceptance date:
- 2019-05-16
- ISSN:
-
1034-3024
- Keywords:
- Pubs id:
-
pubs:998912
- UUID:
-
uuid:1ee6b88e-be3e-4d7d-bb4f-2e7348ad62db
- Local pid:
-
pubs:998912
- Source identifiers:
-
998912
- Deposit date:
-
2019-05-16
- ARK identifier:
Terms of use
- Copyright holder:
- Thomson Reuters
- Copyright date:
- 2019
- Notes:
- This is the accepted manuscript version of the article. The final version is available online from Thomson Reuters at: https://www.westlaw.com.au/maf/wlau/app/document?docguid=Ie81a4854fed011e9a18be9fe4d8c34f5&isTocNav=true&tocDs=AUNZ_AU_JOURNALS_TOC&startChunk=1&endChunk=1
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