Concept of President’s Constitutional-Legal Status in Post-Socialist Countries / პრეზიდენტის კონსტიტუციურ- სამართლებრივი სტატუსის არსი პოსტ-სოციალისტურ ქვეყნებში

Zurab Jibgashvili

Abstract


The paper tries to explain the role of president in the system of constitutional institutions. The following three aspects are crucial for understanding the role of president’s institution: 1. Structure of constitutional-legal status of president; 2. the role of president in execution of principle of allocation of state power; 3. Objective category of governance system in determination of president’s role in system of allocation of state power. For the proper understanding of president’s status its supportive normative structure is deconstructed into the three main elements: Institutional Element – generally sets president as the head of state normatively and determines its competences; Procedural Element – highlights the rules of execution of the mandate of a president (commencement of competences, execution, termination and legal succession); Functional Element – particular authorities of a president.

Analysis of the role of president in execution of principle of allocation of state power draws on the constitutional forms of se􀆫 ng president as the head of a state. These constitutional forms of presidential power are represented through diametrically different models and are set in comparative perspective.

Constitutionally determined role of a president should be in compliance with presidential competences, as set by the constitution; the role of a president should be consistently developed through constitutional provisions and supported by its particular competences. Paper scrutinizes institutional choice of a state and points to those objective and subjective factors, which have significant influence on determination of president’s role.


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