Political representation in positive law

By, MSc. Bledar Dika

Abstract

Looking at political representation in the norms and provisions established or positioned in the legal order, we can say that the Albanian legal order contains norms that try to preserve the autonomy of each representative, which formally positions political representation as a situation of representativeness. The legal order also contains norms which, starting from the idea of a permanent relationship between the representatives and the represented, discipline the moments and ways through which these relationships connect the representatives with the represented. However, political representation beyond the relational dimension must be manifested above all in terms of the representation of national unity and sovereignty. Only in this way can political representation enter into symbiosis with the very concept of the State of the right to guarantee subjective rights beyond sectoral or corporativist influences. In this sense, the institution of banning the mandatory mandate is sanctioned in positive law, as one of the fundamental principles of contemporary constitutions. However, the political-juridical
reality has been able to establish this principle not only through strictly political behavior but also through normative corollaries. This paper aims to highlight the constitutional and legal moment in which political representation is located. To highlight how political representation approaches positive law when it tries to relate both to the representative and “popular sovereignty”. Finally, the paper manages to conclude in critical terms on political representation, on its relationship with the represented subjects, and its bias in favor of political parties and their leadership.

How to cite: Dika, B. (2023). Political representation in positive law. Jus & Justicia, 17(1), 128–136.

https://doi.org/10.58944/liiw6328