Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People

Matthew Stubbs and Adam Webster, 'Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People' (2019) 30(3) Public Law Review 190-210.

U. of Adelaide Law Research Paper No. 2020-87

24 Pages Posted: 8 Jul 2020 Last revised: 9 Jul 2020

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Adam Webster

University of Oxford - Blavatnik School of Government

Date Written: July 6, 2020

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 i five common law jurisdictions; Australia, Canada, New Zealand, the United Kingdom, and the United States. We identify requirements seeking 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.

Keywords: Elected Representatives, Public Law

JEL Classification: K10

Suggested Citation

Stubbs, Matthew T. and Webster, Adam, Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People (July 6, 2020). Matthew Stubbs and Adam Webster, 'Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People' (2019) 30(3) Public Law Review 190-210., U. of Adelaide Law Research Paper No. 2020-87, Available at SSRN: https://ssrn.com/abstract=3644039

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
+61883133530 (Phone)

HOME PAGE: http://www.adelaide.edu.au/directory/matthew.stubbs

Adam Webster

University of Oxford - Blavatnik School of Government ( email )

10 Merton St
Oxford, Oxfordshire OX1 4JJ
United Kingdom

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