Position of the head of state in the process of exercising the power of appointment
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Keywords

head of state
power of appointment
separation of powers
discretion

How to Cite

Tóthová, M. (2020). Position of the head of state in the process of exercising the power of appointment. Ius Novum, 14(1), 17–34. https://doi.org/10.26399/iusnovum.v14.1.2020.01/m.tothova

Abstract

The head of state is a fundamental constitutional institute, standing on top of the hierarchy of the highest state authorities. He has a unique significance for the existence and functioning of the state, in particular, because he expresses the sovereignty of the state and its integrity. The constitutional status and power of the head of state are created depending on his relationship to the supreme constitutional authorities representing the legislative, executive and judicial powers.
The article analyses the position of the head of state in the exercise of his nominating powers. It highlights the most significant problems associated with the interpretation of those powers. In this context, it is important to define the scope of possibilities of the head of state to propose independently, review and possibly reject candidates for the posts of representatives of various state authorities. These options vary depending on whether the head of state is acting in relation
to the proposals of executive bodies, other independent bodies or the parliament.

https://doi.org/10.26399/iusnovum.v14.1.2020.01/m.tothova
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