The Importance of the Position of Head of State - Essay Example

The Importance of Head of The importance of the position of head of varies considerably in most contemporary European democracies. The term is normally used to refer to the person who holds the highest position in sovereign states. The Head of States has implied or vested powers to act as the representative of the state. In most cases heads of states are natural persons who hold office while in other instances, the title refers to a group of people who have the same responsibilities of representing the state. The concept of Head of State arises as a way of differentiating it from the Head of Government. In parliamentary democracies like Germany and the United Kingdom, the head of state refers to the respective presidents while the Chancellor and the Prime Minister are regarded as the heads of government. However in presidential systems of government, the president is normally recognized as both the head of state and head of government. France The President of France is an important position as the head of state and the commander in chief of the armed forces of the republic of France. Compared to most democracies in contemporary Europe, the position of the head of state in France is normally considered much important given the semi-unitary presidential republic. After the referendum of 1962 on the direct election of the president of France, the president has been elected directly through universal suffrage. In the previous cases, the president was normally elected through Electoral College. After the referendum of 2000 on the reduction of the mandate of the president of France, the length of the term was reduced from 7 to 5 years. After a change of constitution in 2008, the president cannot serve for more than two terms. Before the amendment of the constitution, there was no limit to the number of terms that a person could hold office as the president and hence the head of state. France has a semi-presidential system of government and the position of the president is very powerful. Unlike in many other European countries where parliament conducts much of the activities of the government, the president wields much influence and authority in France (Godfrey, 2001). Much of this authority is realized in the areas of foreign policy and national security. As the head of state, one of the roles of the French president is to choose the prime minister of the republic. The selection of the president has to be supported with the majority of the national assembly. The president is also mandated to promulgate laws and dissolve the national assembly. The attribution so the president of France is well outlined in the constitution of France. The president ensures that the constitution is observed and guarantees national independence, observance of treaties and territorial integrity. The powers of the president can be diminished in instances where the majority of the national assemblies hold opposite political views to those of the president. This is normally referred to as political cohabitation. In such a case, much of the de facto power will lie with the prime minister and the national assembly. However, when the president holds similar political views with a majority of the national assembly, he/she takes a very active duty as the head of state and directly influences government policy. The president has limited form of sespensive veto considering that when presented with a law he or she can request the law to be read again by the national assembly (Dolan, 2005). However, this power is only limited to one reading per law. In the same way, the president might choose to refer the review of the law to the Constitutional Council. As in most situations, one of the most important roles of the head of state in the French government is being the national symbol of the state. Even in instances of cohabitation, the president is allowed to make policy in relation to sensitive issues like security and foreign affairs while the Prime minister runs the domestic affairs. In this regard, it is realized that the position of the head of state is certainly very important and holds considerable power and influence in the government. The role of the head of state includes legitimizing the state and exercising functions, political powers and other duties as stipulated by the constitution. As the head of state for the French government, the president formally validates the country’s ambassadors and high commissioners by sending a letter of credence to the heads of state. It is this accreditation that enables them to receive the highest diplomatic status in their serving countries. In the same way, the head of state is mandated to sign diplomatic treaties on behalf of the state. However, the subsequent ratification of these treaties usually rests with the legislature. The importance o the head of state in France is also seen in the manner in which the president acts as the chief appointing officer of the government. In this regard, the head of state appoints most of the key officials of the government like cabinet ministers, judicial officers and other senior office holders. In the same way, the head of state can dismiss most of these office holders. In the case of the prime minister, the president cannot force the former to resign but can only request him/her incase the prime minister is from the majority of the president. The constitution of France recognizes the head of state as the commander in chief of the armed forces and therefore the highest figure in the military chains of command. The president is also granted the powers to give pardons to prisoners. However, this provision does not include giving amnesty. For instance, the president can reduce the death sentence of a prisoner to a life imprisonment. From the powers vested upon the president of France, it is realized that the position of head of states is certainly very important and wields much powers than any other organ in the country. The role of the president as the head of state is therefore not merely ceremonial as in the case of other European powers. Italy Italy is essentially a parliamentary system of government where the main functions of the government are conducted by the national assembly. The president acts as the head of state and this function is mostly viewed as ceremonial. Unlike France which is a semi-presidential republic, the head of state of Italy therefore wields less powers as much of these have been transferred to parliament. The president of Italy is therefore a mere nominal chief executive of the country as the head of state who possesses executive powers. The president of Italy is a representation of national unity and also guarantees that the politics in Italy complies with the constitution of the country. The president is elected by parliament through a joint session of the chamber of Deputies and the senate through a secret ballot. The president’s term of office lasts for seven years. The constitution of Italy clearly outlines the role of the president as the head of state. In matters of foreign affairs, the president accredits and receives diplomatic functionaries in the country and also ratifies international treaties after authorization from parliament. The head of state also represents the government in official visits abroad and can declare a state of war if directed by parliament. In parliamentary affairs the president can call the chambers of parliament into session and can also dissolve them. In the same way, the head of state can call elections and also fix the dates for the first parliamentary meeting. The president is further mandated to nominate up to five senators-for-life. Legislatively, the president promulgates the laws approved in parliament and authorizes the presentation of the proposed government laws to parliament. The head of state can also ask for a reconsideration of a bill from parliament by remanding the bill to the chambers. As an official protocol, the head of state for Italy names the prime minister after elections and appoints the cabinet members on advice from the prime minister. It is also the head of state who receives the resignation of senior government officials. The president presides over the Supreme Defense Council and commands the armed forces. The constitution of Italy specifies that all presidential acts must be ratified by another member of government like the prime minister or a cabinet minister as most of these acts are basically formal (MeIny, 2009). The real political responsibility rests upon the government. Nevertheless actions like commutations and pardons can be recognized as final and not subject to any countersignature. Germany Like Italy, Germany has a parliamentary system of government in which the Chancellor runs the government while the president is the head of state. The duties of the president are mostly ceremonial and supervisory but with some reserve powers in case of political instability. All federal laws must be signed by the president before they can take effect. In practice, the president only refuses to sign laws that are seen to violate the constitution. The federal convention is the body established specifically for the purpose of electing the president of Germany. Like in many other parliamentary forms of government, the head of state in Germany is merely ceremonial and cannot therefore be compared to the more powerful heads of state realized in presidential or semi-presidential systems like France. In reality the extent of the powers conferred upon the president by the Basic Law is often ambiguous. Nevertheless, the holders of this position play their ceremonial roles and act in support and direction from the Federal government. The president is not the commander in chief of the armed forces. Instead, the role is assigned to the Minister for defense in time of peace and goes to the Chancellor in times of war. However, the government cannot declare any state of war without the direct approval of the president. The president proposes a person to be the Chancellor and if the individual is elected by the Bundestag, he/she is appointed by the president. Nevertheless, the Bundestag can also refuse the president’s proposal and elect another person to the position whereupon the president is obliged to appoint him/ her as the Chancellor. The president can appoint or dismiss the other members of the Federal government as proposed by the Chancellor. The president can only dismiss the Chancellor upon a Constructive Vote of No Confidence from the Bundestag. The president is also mandated to dissolve the Bundestag and promulgates all new laws before they come into effect. In terms of foreign relations, the president represents the country in world affairs and also receives foreign dignitaries into the country. He/she signs treaties with foreign countries which only come into effect after ratification by the Bundestag. The president as the head of state has the powers to grant pardons to individuals convicted under Federal jurisdiction in addition to conferring honors and decorations to deserving people. In the case of a national crisis in the country, the head of state designates the president to be the mediator. Although the president is chosen from a political party, he/she is normally expected to be non-partisan upon the assumption of the office of the presidency. Considering that the president does not take part in the politics of the country while in office, their decisions on an issue is usually respected in this regard. Nevertheless, the powers of the president are limited as most of these rests with the Chancellor who influence the daily politics in the country. In comparison, it is realized that in parliamentary systems like Germany and Italy, the role of the president is not normally much important as that of the head of government. The national assemblies of these countries wield more power and therefore make major decisions in the countries. The head of state is merely a ceremonial figure. However, this role is fairly important as it relieves the head of government from other duties to focus on the core concerns of the government. However in France, the head of state wields the greatest powers and is therefore in charge of all major policy decisions in the country. References Dolan, S. (2005). Germany. Philadelphia: Chelsea House Publishers. Godfrey, E. D. (2001). The Government of France (2d ed.). New York: Crowell. MeIny, Y. (2009). Government and politics in Western Europe: Britain, France, Italy, West Germany. Oxford [England: Oxford University Press. Read More