Suchergebnisse

In the literature of law, there has been comparatively little discussion as to the nature of political representation. A representative democracy has been defined as "a form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation." And a representative form of government has been defined as "a government conducted and constituted by the agency of delegates, or deputies, chosen by the people."Judge Thomas M. Cooley, speaking for the Michigan supreme court, said: "A representative is one chosen by a principal to exercise for him a power or perform for him a trust. In that sense, the mayor of a city is a representative for some purposes, the members of the common council for others, and the members of the board of education for still others … the right to be represented implies a right, not merely to name the person, but also to designate the trust that shall be confided to him." On this basis, it was held that a board of park commissioners established by the state legislature with certain powers, and recognized by the common council of the city, could not be vested afterwards by the legislature with additional powers previously exercised by the council.Somewhat similar is the position of an English judge as to the authority of a representative in a legal proceeding. "A solicitor is the representative of his client, but counsel is not, for counsel has the whole conduct of the case, and can act even against the instructions of his client." It was accordingly held that a solicitor is a representative within S. 17(4) Bankry Act, 1883, and must be "authorized in writing" to entitle him to question a debtor at a public hearing.

Much has been written on the origin, development, and characteristics of representative government; and in recent years there has been a revival of interest in this subject, and a further analysis of the evidence and criticism of views formerly accepted. In this extensive literature, considerable attention has been given to the nature of political representation and representative government, and to the relation between the representative and his constituents, with important differences in the definitions and meanings ascribed to these terms. Many writers have assumed that their views on these matters are the only correct statements; but some of the more recent writers have recognized, to some extent, the need for a closer analysis of the different senses in which these terms may be employed. An examination of different views may be of service in leading to a clearer understanding of the problems involved.Etymologically, the literal meaning of represent is to "present again," and from this it has come to mean to appear in place of another. In this secondary sense, a representative has been defined as "an agent, deputy, or substitute, who supplies the place of another or others."