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The trustee model of representation is a model of a representative democracy, frequently contrasted with the delegate model of representation. [1] In this model, constituents elect their representatives as ' trustees ' for their constituency .
Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, [1] the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government.
The most infamous example would be beneficiaries who clamor against the trustee to "bust the trust" based on the strict limits the trust (or the trustee) may impose on the trust assets. In many of these cases, the UTC provides beneficiaries (and trustees) relief to provide the flexibility needed to dispose of trust property under certain rules.
The U.S. Trustee's office conducts the first meeting of creditors in a Chapter 11 case. Most Chapter 11's do not require the appointment of a trustee: however, in those cases which do, the U.S. Trustee oversees the appointed trustee's handling of the case and, for good cause, can seek the removal or replacement of the trustee.
Under representative government a person is elected, not just a tally mark for a particular party. Between elections, voters have little control of the behavior of the member, who might even cross the floor to a different party. This freedom may be useful though as the member works as a trustee.
The public trustee is an office established pursuant to national (and, if applicable, state or territory) statute, to act as a trustee, usually when a sum is required to be deposited as security by legislation, if courts remove another trustee, or for estates if either no executor is named by will or the testator elects to name the public trustee.
Irish philosopher Edmund Burke (1729–1797) contested this model and supported the alternative trustee model of representation. [1]The delegate model of representation is made use of in various forms of council democracy and commune democracy.
In some others, the trustee is a single officer separate from the board; the Indiana township trustees are examples of this form. [1] The term "town trustee" has also been used for members of the governing board of the Sheffield Town Trust since at least the 16th century, though that institution has been organized as a charity since the 19th ...