Oath and parliamentary committment

Abstract

This essay on political oaths, which stems from a broader research on militant democracy, is developed in five parts. After a short introduction in § 1, § 2 lays down a general characterization of oaths in historical and philosophical terms in order to sort out their essential nature, form, types, and basic functions. § 3 addresses the legal and constitutional status of political oaths in general and parliamentary oaths in particular, both in the European and Spanish legal systems, paying a special attention to the Spanish Constitutional Court’s case-law. § 4 takes on a normative philosophical approach aimed at legal reform. This section examines the justification of oaths-taking legal procedures and requirements in relation to the rights to ideological freedom and political participation. Such a justification is defended as a possibility and not as a moral or legal duty. It expresses the commitment of political representatives with basic rules of democracy. Finally, § 5 concludes with some considerations regarding the utility of oaths for contemporary democracies. In particular, it wonders whether or not making oath-taking mandatory for every member of parliament is grounded on sound reasons.