Year: 2025
Type: article
Abstract: The article examines the constitutional and legal status of the heads of state in Germany, France, and Poland within the context of their role in the state governance mechanism. The head of state is defined as a central element in the structure of state power, whose competence significantly influences the nature of the state, its form of government, and political regime. The study analyzes the historical evolution of this institution, tracing its development from a sacred embodiment of divine will to the contemporary democratic representative of the people’s interests. It is established that in Germany, France, and Poland, the development of the institution of the head of state occurred under specific social, political, and legal traditions. Each of these states has experienced various political regimes, which shaped the distinctive features of the modern constitutional and legal status of their presidents. Currently, the procedures for electing and terminating the powers of heads of state in these countries demonstrate particular differences, including age qualifications for presidential candidates, provisions for self-nomination, normative restrictions on combining offices, and procedures and grounds for impeachment. The research reveals that in Germany, the president primarily performs representative functions with limited political influence, whereas the chancellor serves as the actual head of government. In contrast, the presidents of France and Poland possess broader powers, especially in defense, foreign policy, and executive authority. These identified differences can be explained by each country’s unique historical development, traditions, and peculiarities of political culture. On the one hand, the concept «head of state» is considered generic, as acquiring the status of president or monarch inherently places an individual at the top of the state mechanism. On the other hand, presidents and monarchs often hold powers exceeding those typically defined by the status of head of state. The article emphasizes that, given the head of state interacts with all branches of power— legislative, executive, and judicial—their status serves as an indicator of the level of democracy, centralization or decentralization of state power, and reflects the overall model of political governance.
Authors: V. V. Berch, M. T. Marushka
Institution: Uzhhorod National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545238