MPs oath
An MP's oath is an oath to be taken by a MP . It is basically comparable to the oath of ministers , judges , civil servants or soldiers , but has special features due to the special position of the member of parliament. This applies in particular if the member of parliament is sworn in on the constitution or the person of the head of state , as it is one of the tasks of parliament to change the law (and thus in principle also the constitution). As a result of this tension, MPs refused to serve in office in many cases, revealing political conflicts. While MPs' envy was historically common, it is only found in a few states today.
Contents of the oath
The contents of the required oath can be varied. Usually, the formula of the oath contains several of the items listed below. Typical contents are:
Commitment to the common good
A commitment on the part of MPs to the "common good and good" is widespread. An example of such a formulation is the oath formula in Title VII, § 25 of the Constitution of the Kingdom of Bavaria from 1818 . The MP is not only committed to the common good . The formula is also directed against voting for particular interests and is closely linked to the Free Mandate .
Commitment to independence
In accordance with the principle of freedom of mandate , formulas of oaths oblige MPs not to follow instructions and only to follow their own will or conscience .
Loyalty oath
In monarchies and dictatorships in particular , it is customary to demand that MPs take an oath of allegiance to the ruler. This aspect of the oath follows the traditions of the historical estates , whose tradition included paying homage to the prince and an oath of allegiance to him.
Constitutional oath
The obligation to respect the constitution and the law is a common part of the oath. This aspect is in conflict with the task of the MPs to change laws and in some cases also the constitution.
Cleaning oath
In a cleaning oath, members of parliament assure that they have not committed any election fraud in their election .
Regulations of the oath
The obligation to file the deputy oath can be regulated in different ways. It is partly regulated in the respective constitution , but there are also provisions in the electoral law or the parliamentary rules of procedure.
Swearing-in of electors
In addition to the deputies, the swearing-in of the electors is also possible. The aspect of the cleaning silk plays a role here, but independence and the common good also play a role.
"I swear that I will cast my vote according to free inner conviction, as I consider such a thing to be useful for the general good of the country, without taking into account a threat, a promise or an order, and if so, by no one under whatever name, I have neither directly nor indirectly accepted any gift or present, nor will I accept "
Examples of formulas for oaths
“I swear loyalty to the king, obedience to the law, observation and maintenance of the constitution of the state and, in the assembly of estates, only to advise the general welfare and best of the whole country without regard to particular estates or classes according to my inner conviction; So help me God and his holy gospel. "
"I swear loyalty to the Grand Duke, obedience to the law, strict observance of the constitution and, in the assembly of estates, only wanting to advise the general good to the best of my own, through no mandate specific conviction"
"I swear in the name of the Holy and Equal and Indivisible Trinity to remain loyal to the Fatherland and the democratic order of the state, to obey the Constitution and the laws and to fulfill my duties conscientiously."
"You will vow unbreakable loyalty to the Republic of Austria, constant and full observation of the constitutional laws and all other laws and conscientious fulfillment of your duties."
Conflicts
The main points of conflict are the oath of allegiance to the ruler and the commitment to the constitution.
An example of the first case was the refusal of the oath of allegiance by the majority of the members of the first Hessian chamber in 1820. Members of the first chamber were primarily the class lords , the heads of the mediatized , formerly imperial families. In terms of power politics, they no longer had the possibility of regaining their former rule, but they were not ready to take an oath on the Grand Duke. They did not take their seat in the chamber. As a result, after intensive negotiations, contracts were concluded between the individual noblemen and the Grand Duchy, which secured the privileges of the class, and the noblemen took the oath and participated in the First Chamber.
The situation of the republican representatives in the Hessian state parliament was similar almost 100 years later. Sworn in as members of the state parliament for the Grand Duke, they participated in the deposition of the Grand Duke during the November Revolution of 1918. Carl Ulrich , the first Prime Minister after the proclamation of the Republic, justified this as follows:
“Loyalty for loyalty! I have the courage to keep it to the Grand Duke, to whom I have sworn allegiance, and when it is time to say what I believe is right as a Republican. I would carry my loyalty so far, to His Royal Highness, if I saw that the vast majority of the entire Hessian people were on the soil of the Republic, according to my oath to say: Royal Highness! Loyalty for loyalty: It would be good if you became a Republican. "
The second point of conflict is the commitment to the constitution. In 2012, Aung San Suu Kyi was elected in a free election as a MP in Myanmar . She refused to take an oath on the constitution that established the rule of the military junta. Only after a compromise did she take the oath and take up her mandate.
literature
- Ernst Friesenhahn: The political oath, § 7 - "The parliamentary oath"; unchanged reprint of the edition from 1928, 1979, ISBN 3-534-07580-3 , pages 64-82
Individual evidence
- ↑ Article 59 (1) of the Constitution of Greece
- ^ Manfred Knodt : Ernst Ludwig: Grand Duke of Hesse and the Rhine. His life and his time. 3. Edition. Schlapp, Darmstadt 1997, ISBN 3-87704-006-3 , page 167
- ↑ "Suu Kyi sworn in in parliament"; in FAZ from May 2, 2012