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Politicians as fiduciaries : Comments
By James McConvill, published 12/4/2006The vexed issue of political donations can be resolved with reference to ancient case law.
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Let me state unequivocally that I agree absolutely with McConvill's assertion that the relationship between elected representatives and the people who elected them should be fiducial.
For that requirement to be met, however, would require drastic electoral and political reform.
Under existing systems, elected representatives represent a range of people who could be classified as: (a) those who definitely voted for the winner; (b) those who definitely voted against the winner; (c) those whose vote was really for the less of two evils. Group (a) presumably voted for the winner because of shared views, values, and hopes. Group (b) presumably voted against the winner because their views, values, and hopes are at odds with the winner's. By the same token, group (c) presumably voted for the winner only because their views, values, and hopes are at less at odds with the winner's than with the other main contender's. In other words, group (c) voted for the winner only because a more satisfactory candidate was not available or had no chance of winning. Clearly the existing system leaves group (b) unrepresented, and group (c) poorly represented. Because of the corruption due to private funding of candidates and parties, it could be argued that even group (a) is poorly served by the existing system.
I agree with McConvill that the corruption engendered by private funding should be cleaned up. But that would still leave groups (b) and (c) poorly served by our representative system. Shouldn't every citizen have the right to be represented by a representative whose views, values, and hopes they share; and who is accountable to them all of the time?
Then, and only then, would a fiduciary relationship between represetatives and the people they represent become possible.