Representative Office: Definition, History, and Function
Representative Office: Definition and Historical Context
A representative office is a mandate in which the representative can act and decide without being bound by the instructions of their principal. This concept is typical of constitutional courts and was prevalent in the Old Regime. The historical basis of representative offices stems from the representation of estates, where representatives often went to Parliament with specific instructions, making it difficult to reach agreements.
Evolution of Representative Office in England
In England, during the 14th and 15th centuries, the House of Commons began operating under an elective office. The monarch demanded that representatives attending parliamentary meetings have a certain degree of freedom, without closed instructions, to prevent endless meetings. It is interesting to examine the arguments for and against the representative mandate. Constitutionalists present two main arguments supporting the representative mandate:
- If political representatives were strictly bound to instructions, they could not understand or consider the interests of other representatives in the assembly. This would hinder the discovery of common interests among all parties present.
- Under a strict imperative mandate, representatives could not negotiate or reach agreements with others in Parliament. Consequently, a binding mandate would prevent the House of Representatives and Parliament from functioning effectively and reaching consensus.
The Role of Conscience and Subjectivity
Political representatives are expected to act according to their conscience and assess the interests presented in the chamber freely. However, this freedom could lead to a review of the agent’s subjectivity.
Representatives should evaluate the interests of the chamber rationally, based on the rights and freedoms outlined in the Constitution.
Key Considerations of Representative Office
This concept raises two important points:
- Reference to the right: Justifying the freedom or the ability not to be rigidly linked to the mandate of a particular interest.
- Potential to prioritize other interests: Representatives might not always defend the interests of those they represent, potentially prioritizing the interests of a specific group or their own.
Balancing Freedom and Representation
This latter risk is somewhat mitigated at different times in constitutional courts through a mechanism that assumes a link between political representatives and their constituents. This link was initially more evident in bourgeois societies with a smaller wealthy class. All political representation must be understood through a coherent combination of these elements of the mandates. Political representatives must maintain a margin of freedom to assess the interests represented in the chamber while simultaneously maintaining a link with the interests of their constituents. This aspect presents a challenge, as representatives cannot ignore the interests of those they represent.