Fiduciary Duty and Members of Parliament.
Canadian Parliamentary Review 2008, Summer, 31, 2
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Publisher Description
There is no job description for a member of parliament. Political scientists, civil servants and politicians themselves have long struggled to define the complex combination of moral and ethical obligations that make up the relationship between constituents and elected politicians. This article examines the concept of responsibility or "duty" as it is owed by members of the House of Commons to constituents. It outlines the concept of a fiduciary relationship and fiduciary duty, and provides a brief summary of how, in law, fiduciary relationships have expanded beyond the original application to trustees and beneficiaries. It also reviews the obligations attached to our elected representatives, and then outlines the case for extending fiduciary duty to elected members of parliament. Finally, it examines the consequences of the application of fiduciary duty, referring specifically to the advantages and disadvantages of such a change. This approach provides an opportunity to probe deeper into the relationship that exists between a member of parliament and a citizen, to look at the foundation of this relationship, and to find--through the concept of fiduciary duty--a minimum, legal threshold of accountability to which all members of parliament must rise. **********