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Licensed Unlicensed Requires Authentication Published by De Gruyter February 8, 2017

The Fiduciary Role of Members of Parliament and Ministers

Laith K. Nasrawin
From the journal ICL Journal

Abstract

This article sheds light on the relationship between politicians and the voting public to establish the grounds on which the electorate build their legitimate expectations that both members of the legislative authorities and government ministers should act in the public interest in order to fulfill their fiduciary duty.

Both members of parliaments and ministers in government are expected to promote the interests of their constituents in parliaments and to serve the political interests of their parties when joining the government. They should comply with the principles of ‘Public Duty’ and ‘Duty as a Representative’, that is, they should act on behalf of their electorate and also in accordance with the public trust placed in them. This underlying duty could be elevated to a ‘fiduciary duty’ on elected members and ministers to act in the interests of their constituents, the beneficiaries, as an underscore of all models of representation, and as an emphasis of the ethical decision-making, which includes impartiality, accountability and integrity.

Published Online: 2017-2-8
Published in Print: 2016-3-1

© 2017 by Walter de Gruyter Berlin/Boston

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