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A head of state (or chief of state) is the public persona who officially embodies a sovereign state[1] in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more.

In a parliamentary system, such as the United Kingdom or India, the head of state usually has mostly ceremonial powers, with a separate head of government.[2] However, in some parliamentary systems, like South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco. In contrast, a semi-presidential system, such as France, has both heads of state and government as the de facto leaders of the nation (in practice they divide the leadership of the nation between themselves). Meanwhile, in presidential systems, the head of state is also the head of government.[1] In one-party ruling communist states, the position of president has no tangible powers by itself, however, since such a head of state, as a matter of custom, simultaneously holds the post of General Secretary of the Communist Party, they are the executive leader with their powers deriving from their status of being the party leader, rather than the office of president.

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Former French president Charles de Gaulle, while developing the current Constitution of France (1958), said that the head of state should embody l'esprit de la nation ("the spirit of the nation").[3]

An independent nation state normally has a head of state, and determines the extent of its head's executive powers of government or formal representational functions.[8] In terms of protocol: the head of a sovereign, independent state is usually identified as the person who, according to that state's constitution, is the reigning monarch, in the case of a monarchy; or the president, in the case of a republic.

In a federal constituent or a dependent territory, the same role is fulfilled by the holder of an office corresponding to that of a head of state. For example, in each Canadian province the role is fulfilled by the lieutenant governor, whereas in most British Overseas Territories the powers and duties are performed by the governor. The same applies to Australian states, Indian states, etc. Hong Kong's constitutional document, the Basic Law, for example, specifies the chief executive as the head of the special administrative region, in addition to their role as the head of government. These non-sovereign-state heads, nevertheless, have limited or no role in diplomatic affairs, depending on the status and the norms and practices of the territories concerned.

In parliamentary constitutional monarchies, the legitimacy of the unelected head of state typically derives from the tacit approval of the people via the elected representatives. Accordingly, at the time of the Glorious Revolution, the English parliament acted of its own authority to name a new king and queen (the joint monarchs Mary II and William III); likewise, Edward VIII's abdication required the approval of each of the six independent realms of which he was monarch. In monarchies with a written constitution, the position of monarch is a creature of the constitution and could quite properly be abolished through a democratic procedure of constitutional amendment, although there are often significant procedural hurdles imposed on such a procedure (as in the Constitution of Spain).

In republics with a parliamentary system (such as India, Germany, Austria, Italy and Israel), the head of state is usually titled president and the principal functions of such presidents are mainly ceremonial and symbolic, as opposed to the presidents in a presidential or semi-presidential system.

In reality, numerous variants exist to the position of a head of state within a parliamentary system. The older the constitution, the more constitutional leeway tends to exist for a head of state to exercise greater powers over government, as many older parliamentary system constitutions in fact give heads of state powers and functions akin to presidential or semi-presidential systems, in some cases without containing reference to modern democratic principles of accountability to parliament or even to modern governmental offices. Usually, the king had the power of declaring war without previous consent of the parliament.

Examples of heads of state in parliamentary systems using greater powers than usual, either because of ambiguous constitutions or unprecedented national emergencies, include the decision by King Leopold III of the Belgians to surrender on behalf of his state to the invading German army in 1940, against the will of his government. Judging that his responsibility to the nation by virtue of his coronation oath required him to act, he believed that his government's decision to fight rather than surrender was mistaken and would damage Belgium. (Leopold's decision proved highly controversial. After World War II, Belgium voted in a referendum to allow him to resume his monarchical powers and duties, but because of the ongoing controversy he ultimately abdicated.) The Belgian constitutional crisis in 1990, when the head of state refused to sign into law a bill permitting abortion, was resolved by the cabinet assuming the power to promulgate the law while he was treated as "unable to reign" for twenty-four hours.[9][10]

These officials are excluded completely from the executive: they do not possess even theoretical executive powers or any role, even formal, within the government. Hence their states' governments are not referred to by the traditional parliamentary model head of state styles of His/Her Majesty's Government or His/Her Excellency's Government. Within this general category, variants in terms of powers and functions may exist.

In contrast, the only contact the president of Ireland has with the Irish government is through a formal briefing session given by the taoiseach (head of government) to the president. However, the president has no access to documentation and all access to ministers goes through the Department of the Taoiseach. The president does, however, hold limited reserve powers, such as referring a bill to the Supreme Court to test its constitutionality, which are used under the president's discretion.[16]

The most extreme non-executive republican head of state is the President of Israel, which holds no reserve powers whatsoever.[17] The least ceremonial powers held by the president are to provide a mandate to attempt to form a government, to approve the dissolution of the Knesset made by the prime minister, and to pardon criminals or to commute their sentence.

Some parliamentary republics (like South Africa, Botswana and Kiribati) have fused the roles of the head of state with the head of government (like in a presidential system), while having the sole executive officer, often called a president, being dependent on the Parliament's confidence to rule (like in a parliamentary system). While also being the leading symbol of the nation, the president in this system acts mostly as a prime minister since the incumbent must be a member of the legislature at the time of the election, answer question sessions in Parliament, avoid motions of no confidence, etc.

Note: The head of state in a "presidential" system may not actually hold the title of "president" - the name of the system refers to any head of state who actually governs and is not directly dependent on the legislature to remain in office.

Some constitutions or fundamental laws provide for a head of state who is not only in theory but in practice chief executive, operating separately from, and independent from, the legislature. This system is known as a "presidential system" and sometimes called the "imperial model", because the executive officials of the government are answerable solely and exclusively to a presiding, acting head of state, and is selected by and on occasion dismissed by the head of state without reference to the legislature. It is notable that some presidential systems, while not providing for collective executive accountability to the legislature, may require legislative approval for individuals prior to their assumption of cabinet office and empower the legislature to remove a president from office (for example, in the United States of America). In this case the debate centers on confirming them into office, not removing them from office, and does not involve the power to reject or approve proposed cabinet members en bloc, so accountability does not operate in the same sense understood as a parliamentary system.

Presidential systems are a notable feature of constitutions in the Americas, including those of Argentina, Brazil, Colombia, El Salvador, Mexico and Venezuela; this is generally attributed to the strong influence of the United States in the region, and as the United States Constitution served as an inspiration and model for the Latin American wars of independence of the early 19th century. Most presidents in such countries are selected by democratic means (popular direct or indirect election); however, like all other systems, the presidential model also encompasses people who become head of state by other means, notably through military dictatorship or coup d'tat, as often seen in Latin American, Middle Eastern and other presidential regimes. Some of the characteristics of a presidential system, such as a strong dominant political figure with an executive answerable to them, not the legislature can also be found among absolute monarchies, parliamentary monarchies and single party (e.g., Communist) regimes, but in most cases of dictatorship, their stated constitutional models are applied in name only and not in political theory or practice. 006ab0faaa