Chapter 5: Status of the Commons' Convention Delegates
5.3. Rights and Obligations of Representatives
Under a parliamentary system, members of the parliament, in particular, are granted various "privileges," including immunity from arrest, immunity from liability, and the right to claim a salary. These are explained as rights necessary to protect parliamentary democracy, and are not simply preferential privileges.
However, in reality, immunity from arrest functions as a measure to protect the status of members who have committed crimes such as corruption, while immunity from liability only justifies abusive language that lacks dignity and mutual respect within the parliament, and rather helps to lower the quality of democracy.
In the case of delegates to the the Commons' Convention, such "privileges" are not granted. This is not because the the Commons' Convention disregards democracy, but rather to ensure true democracy, based on the idea of "semi-direct representative system," in which delegates and the general public have equal standing.
However, there are some exceptions. In order to prevent the unjust detention of delegates, the Commons' Convention reserves the right to pass a resolution demanding the release of a detained delegate. Based on this resolution, the institution, group, or individual who has detained a delegate must immediately release him or her.
Furthermore, to hold a delegate accountable for defamation or other unlawful acts during an official deliberation in the Commons' Convention, another delegate or the victim file a complaint against the delegate with the Disciplinary Committee. After reviewing the matter, the Disciplinary Committee may reprimand the delegate or ban him or her from attending. However, if it determines that dismissal is appropriate, it must request the Commons' Conventionto establish an impeachment court.
By the way, delegates have no right to claim salary or any other compensation in lieu of salary. This is because the delegate's duties are completely unpaid, as they are the citizen's duties. This would not be considered so strange in a communist society where the monetized economy is eliminated.
On the other hand, an important obligation of delegates is the obligation to remain neutral and perform their duties independently of political parties or any other interest groups or people. This obligation stems from the fact that the the Commons' Convention is not an indirect representative body through political parties or other intermediaries. Therefore, they are not permitted to receive petitions or lobbying. On the other hand, they are obligated to respond promptly to petitions that have gone through the proper procedures.
As an ethical code closely related to the obligation to remain neutral, any receipt of goods or services equivalent to a reward or honorarium from others in a situation related to or potentially related to their duties as a delegate is considered an act of corruption and subject to the possibility of impeachment.
Furthermore, they have an obligation to prioritize their duties. In other words, while delegates can hold concurrent positions in addition to their regular duties, in situations where the two are incompatible, they must prioritize their duties as delegates. Specifically, they have an obligation to attend the the Commons' Convention. Absences without a physically justifiable reason, such as illness, are grounds for disciplinary action or impeachment.
👉The table of contents so far is here.
👉The papers published on this blog are meant to expand upon my On Communism.
