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.
24 Pages Posted: 8 Jul 2020 Last revised: 9 Jul 2020
Date Written: July 6, 2020
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: Suggested Citation