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133-558: The President of Germany , officially titled the Federal President of the Federal Republic of Germany (German: Bundespräsident der Bundesrepublik Deutschland ), is the head of state of Germany . The current officeholder is Frank-Walter Steinmeier who was elected on 12 February 2017 and re-elected on 13 February 2022. He is currently serving his second five-year-term, which began on 19 March 2022. Under
266-434: A head of government or a cabinet minister or in other cases (possibly as a message, for instance, to distance themselves without rendering offence) just a military officer or civil servant. For non-executive heads of state there is often a degree of censorship by the politically responsible government (such as the head of government ). This means that the government discreetly approves agenda and speeches, especially where
399-518: A President, you can form a government." (endorsing parties) (percentage) (endorsing parties) (percentage) ( FDP , CDU , CSU ) The office of president is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of 40, but no one may serve more than two consecutive five-year terms. As yet (2022), only five presidents (Heuss, Lübke, von Weizsäcker, Köhler and Steinmeier (in office)) have been elected for
532-662: A Western European army, Heinemann resigned from the government. He was convinced that any form of armament in West Germany would diminish the chances of German reunification and increase the risk of war. Heinemann left the CDU, and in 1952 he founded his own political party, the All-German People's Party ( Gesamtdeutsche Volkspartei ). Among its members were such politicians as future Federal President Johannes Rau and also Erhard Eppler . They advocated negotiations with
665-549: A bill is not technically a final veto. As of 2023, this has happened only nine times and no president has done it more often than two times during their term: Karl Carstens , Roman Herzog , Johannes Rau , Christian Wulff , and Joachim Gauck have signed and promulgated all bills during their respective terms. The president represents Germany in the world (Art. 59 Basic Law), undertakes foreign visits, and receives foreign dignitaries. They also conclude treaties with foreign nations (which do not come into effect until affirmed by
798-573: A bill to the Supreme Court to test its constitutionality, which are used under the president's discretion. The most extreme non-executive republican head of state is the President of Israel , which holds no reserve powers whatsoever. 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
931-518: A ceremonial figurehead with no independent discretionary powers related to the governance of Japan. Since the passage in Sweden of the 1974 Instrument of Government , the Swedish monarch no longer has many of the standard parliamentary system head of state functions that had previously belonged to him or her, as was the case in the preceding 1809 Instrument of Government . Today, the speaker of
1064-459: A chancellor and ministers to remain in office after the end of a chancellor's term until a successor is elected; or exercises his right to pardon on behalf of the federation - as these are exclusive powers of the president. Therefore, the president also receives the chancellor regularly for talks on current policy issues. German presidents also hold talks with individual federal ministers and other senior officials at their own discretion. The "Head of
1197-406: A doctorate of law in 1929. The friendships that Heinemann formed during his student years often lasted for a lifetime. Among his friends were such different people as Wilhelm Röpke , who was to become one of the leading figures of economic liberalism, Ernst Lemmer, later a trade unionist and also a Christian Democrat , and Viktor Agartz, a Marxist. At the beginning of his career, Heinemann joined
1330-440: 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,
1463-429: A host role during a state visit , and the programme may feature playing of the national anthems by a military band , inspection of military troops , official exchange of gifts, and attending a state dinner at the official residence of the host. At home, heads of state are expected to render lustre to various occasions by their presence, such as by attending artistic or sports performances or competitions (often in
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#17327656289551596-498: A majority support in the legislature (or, at least, not a majority opposition – a subtle but important difference). It also gives the legislature the right to vote down the head of government and their cabinet, forcing it either to resign or seek a parliamentary dissolution. The executive branch is thus said to be responsible (or answerable) to the legislature, with the head of government and cabinet in turn accepting constitutional responsibility for offering constitutional advice to
1729-763: A matter of convention, the presidency has been held simultaneously by the General Secretary of the Chinese Communist Party , the top leader in the one party system . The presidency is officially regarded as an institution of the state rather than an administrative post; theoretically, the President serves at the pleasure of the National People's Congress , the legislature, and is not legally vested to take executive action on its own prerogative. While clear categories do exist, it
1862-583: A mention or signature; and public places, streets, monuments and institutions such as schools are named for current or previous heads of state. In monarchies (e.g., Belgium) there can even be a practice to attribute the adjective "royal" on demand based on existence for a given number of years. However, such political techniques can also be used by leaders without the formal rank of head of state, even party - and other revolutionary leaders without formal state mandate. Heads of state often greet important foreign visitors, particularly visiting heads of state. They assume
1995-785: 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,
2128-416: 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,
2261-419: A person is elected with a majority on this ballot, the President is once again obliged to appoint them. If there is no majority, the President has seven days to either appoint the person who received a plurality of votes on the final ballot or dissolve the Bundestag. The chancellor may only be removed if the Bundestag passes a constructive vote of no confidence , indicating that a prospective new chancellor has
2394-527: A president is re-elected for a second consecutive term, he does not take the oath again. The president is involved in the formation of the Federal Government and remains in close cooperation with it. Basically, the president is free to act on his own discretion. However, according to Article 58 of the German constitution, the decrees, and directives of the president require the countersignature of
2527-470: A president's term. The body is convened and chaired by the President of the Bundestag . From 1979 to 2009, all these conventions were held on 23 May, the anniversary of the foundation of the Federal Republic in 1949. The resignation of Horst Köhler in 2010, which necessitated an early meeting of the Federal Convention, brought this tradition to an end. In the first two rounds of the election,
2660-508: A proposed federal minister, as no president has ever done so. The constitution places no restrictions on who may be chancellor. In practice, the president only proposes a person as chancellor who has previously garnered a majority support in prior coalition talks and traditionally does not interfere in those talks. However, after the " Jamaica coalition " talks failed in the wake of the 2017 election , President Steinmeier invited several Bundestag party leaders to try to bring them together to form
2793-439: 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. These officials are excluded completely from
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#17327656289552926-531: A renowned firm of solicitors in Essen. In 1929, he published a book about legal questions in the medical profession. From 1929 to 1949, he worked as a legal adviser to the Rheinische Stahlwerke in Essen, and from 1936 to 1949, he was also one of its directors. The steelworks were considered to be essential for the war so Heinemann was not drafted into the army. He was a lecturer at the law school of
3059-467: A second term and only two of them (Heuss and von Weizsäcker) completed those terms, while Lübke and Köhler resigned during their second term. The president must not be a member of the federal government or of a legislature at either the federal or state level. After taking office the president must take the following oath, stipulated by Article 56 of the Basic Law, in a joint session of the Bundestag and
3192-675: A son, Peter. Heinemann was an elder ( Presbyter ) in Wilhelm Graeber's parish in Essen, when Graeber was sacked in 1933 by the new church authorities who co-operated with the Nazis. Opposition against those German Christians came from the Confessing Church , and Heinemann became a member of its synod and its legal adviser. As he disagreed with some of the developments within the Confessing Church, he withdrew from
3325-571: A student of Rudolf Bultmann , the famous Protestant theologian. His wife and the minister of his wife's parish, Wilhelm Graeber, led Heinemann back to Christianity from which he had become estranged. Through his sister-in-law, he became acquainted with Swiss theologian Karl Barth , who strongly influenced him such as in his condemnation of nationalism and antisemitism. Gustav and Hilda Heinemann had three daughters, Uta (later Uta Ranke-Heinemann ), Christa (mother of Christina Rau , former federal president Johannes Rau 's wife) and Barbara; they also had
3458-507: A theatrical honour box, on a platform, on the front row, at the honours table), expositions, national day celebrations , dedication events, military parades and war remembrances, prominent funerals, visiting different parts of the country and people from different walks of life, and at times performing symbolic acts such as cutting a ribbon , groundbreaking , ship christening , laying the first stone. Some parts of national life receive their regular attention, often on an annual basis, or even in
3591-466: A whole category of offenses. That requires a law enacted by the Bundestag in conjunction with the Bundesrat. Due to the federal structure of Germany the federal president is only responsible for dealing with certain criminal matters (e.g. espionage and terrorism) and disciplinary proceedings against federal civil servants, federal judges, and soldiers". It is customary that the federal president becomes
3724-478: A working government. The president appoints federal judges, federal civil servants, and military officers. Unlike the head of state in Westminster system parliamentary democracies, the President does not have the reserve power to unilaterally dissolve the Bundestag. The Bundestag also does not have the power to dissolve itself. Dissolution by the President can only occur in two scenarios caused by action of
3857-412: A year or more. According to article 81 of the German constitution, the president can declare a "Legislation Emergency" and allow the federal government and the Bundesrat to enact laws without the approval of the Bundestag. They also have important decisive power regarding the appointment of a chancellor who was elected by plurality only, or the dissolution of the Bundestag under certain circumstances. It
3990-416: Is also theoretically possible, albeit a drastic step which has not happened since 1949, that the president refuses to sign legislation merely because they disagree with its content, thus vetoing it, or refuse to approve a cabinet appointment. In all cases in which a bill was not signed by the federal president, all presidents have claimed that the bill in question was manifestly unconstitutional. For example, in
4123-405: 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
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4256-558: Is defined in the constitution as "the symbol of the State and of the unity of the people" (article 1), and is generally recognised throughout the world as the Japanese head of state. Although the emperor formally appoints the prime minister to office, article 6 of the constitution requires him to appoint the candidate "as designated by the Diet", without any right to decline appointment. He is
4389-564: Is elected for a term of five years by secret ballot, without debate, by a specially convened Federal Convention which mirrors the aggregated majority position in the Bundestag (the federal parliament) and in the parliaments of the 16 German states . The convention consists of all Bundestag members, as well as an equal number of electors elected by the state legislatures in proportion to their respective populations. Since reunification, all Federal Conventions have had more than 1200 members, as
4522-561: Is sometimes difficult to choose which category some individual heads of state belong to. In reality, the category to which each head of state belongs is assessed not by theory but by practice. Constitutional change in Liechtenstein in 2003 gave its head of state, the Reigning Prince , constitutional powers that included a veto over legislation and power to dismiss the head of government and cabinet. It could be argued that
4655-520: The 1949 constitution (Basic Law) Germany has a parliamentary system of government in which the chancellor (similar to a prime minister or minister-president in other parliamentary democracies) is the head of government. The president has a ceremonial role as figurehead , but also has the right and duty to act politically. They can give direction to general political and societal debates and have some important " reserve powers " in case of political instability (such as those provided for by Article 81 of
4788-457: 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 systems the head of state may be merely
4921-647: The Bundesrat (it is the only event that demands such a joint session constitutionally). The religious references may optionally be omitted. I swear that I will dedicate my efforts to the well-being of the German people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously and do justice to all. (So help me God.) German constitutional law does not consider oaths of office as constitutive but only as affirmative . This means that
5054-516: The Bundestag , the parliament of West Germany, Heinemann passionately fought against Adenauer's plans of acquiring atomic weapons for the West German army ( Bundeswehr ). In the "Grand Coalition" government of Chancellor Kurt Georg Kiesinger (CDU) and Foreign Minister Willy Brandt (SPD) Heinemann was Minister of Justice (1966–1969). He initiated a number of liberal reforms, especially in the field of criminal law. In March 1969 Gustav Heinemann
5187-533: The National Assembly ( legislature ) and is thus similar, in principle, to a head of government in a parliamentary system but is also, in addition, recognised as the head of state. The offices of president of Nauru and president of Botswana are similar in this respect to the South African presidency. Panama , during the military dictatorships of Omar Torrijos and Manuel Noriega ,
5320-499: The Radikalenerlass ("Radicals Decree") of 1972, a rule that subjected all candidates for the civil service (including prospective teachers, railway engine drivers, and postmen) to special scrutiny to exclude political radicals. He thought it was not compatible with the spirit of the constitution that a large group of people were generally treated as suspects. The Gustav-Heinemann-Friedenspreis (Gustav Heinemann Peace Prize)
5453-640: The Reichstag , which was expected, in normal circumstances, to be answerable to the Reichstag. Initially, the president was merely a symbolic figure with the Reichstag dominant; however, persistent political instability, in which governments often lasted only a few months, led to a change in the power structure of the republic, with the president's emergency powers called increasingly into use to prop up governments challenged by critical or even hostile Reichstag votes. By 1932, power had shifted to such an extent that
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5586-604: The Revolution of 1848 . His father, Otto Heinemann, a manager at the Krupp steelworks in Essen , shared his father-in-law's views. In his youth, Gustav already felt called upon to preserve and promote the liberal and democratic traditions of 1848. Throughout his life, he fought against all kinds of subservience. This attitude helped him to maintain his intellectual independence even in the face of majorities in political parties and in
5719-496: The Viceroy and Governor-General of India . Head of state is the highest-ranking constitutional position in a sovereign state. A head of state has some or all of the roles listed below, often depending on the constitutional category (above), and does not necessarily regularly exercise the most power or influence of governance. There is usually a formal public ceremony when a person becomes head of state, or some time after. This may be
5852-413: The constitutionally socialist state type inspired by the former Union of Soviet Socialist Republics (USSR) and its constitutive Soviet republics , real political power belonged to the sole legal party. In these states, there was no formal office of head of state, but rather the leader of the legislative branch was considered to be the closest common equivalent of a head of state as a natural person . In
5985-720: The de facto Soviet leader at the moment. For example, Nikita Khrushchev never headed the Supreme Soviet but was First Secretary of the Central Committee of the Communist Party (party leader) and Chairman of the Council of Ministers ( head of government ). This may even lead to an institutional variability, as in North Korea , where, after the presidency of party leader Kim Il Sung , the office
6118-415: The head of government of one of the sixteen German states , elected by the Bundesrat in a predetermined order of annual alternation) as deputy of the president of Germany (Basic Law, Article 57). If the office of president falls vacant, they assume the powers of the president on an acting basis until a successor is elected. While doing so, they do not continue to exercise the role of chair of the Bundesrat. If
6251-507: The high contracting party with respect to international treaties. The remaining official functions of the sovereign, by constitutional mandate or by unwritten convention, are to open the annual session of the Riksdag, receive foreign ambassadors and sign the letters of credence for Swedish ambassadors, chair the foreign advisory committee, preside at the special Cabinet council when a new prime minister takes office, and to be kept informed by
6384-429: The party leader , rather than the office of president. 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"). Some academic writers discuss states and governments in terms of "models". An independent nation state normally has a head of state, and determines
6517-529: The personification of the Canadian state and is described by the Department of Canadian Heritage as the "personal symbol of allegiance, unity and authority for all Canadians". In many countries, official portraits of the head of state can be found in government offices, courts of law, or other public buildings. The idea, sometimes regulated by law, is to use these portraits to make the public aware of
6650-482: 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
6783-584: The Basic Law). The president also holds the prerogative to grant pardons on behalf of the federation. The German presidents, who can be elected to two consecutive five-year terms, have wide discretion about how they exercise their official duties. Under Article 59 (1) of the Basic Law (German Constitution), the president represents the Federal Republic of Germany in matters of international law, concludes treaties with foreign states on its behalf and accredits diplomats. Furthermore, all federal laws must be signed by
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#17327656289556916-415: The Bundesrat, also acted as head of state for a few days: after the Basic Law had come into effect and he himself was elected as President of the Bundesrat, the first President of Germany was not yet elected and the office therefore vacant. None of these three presidents of the Bundesrat acting as President, has used any of the more important powers of the president, as for example vetoing a law or dissolving
7049-410: The Bundestag has always had more than 600 parliamentarians since then. It is not required that state electors are chosen from the members of the state legislature; often some prominent citizens are chosen. The German constitution, the Basic Law, requires that the convention be convened no later than 30 days before the scheduled expiry of the sitting president's term or 30 days after a premature expiry of
7182-719: The Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court is charged with determining if they are guilty of the offence. If the charge is sustained, the court has the authority to remove the president from office. The official residence of the president is Bellevue Palace in Berlin. The president's second official residence is the Hammerschmidt Villa in Bonn, the former capital city of West Germany . Although these are
7315-464: The Bundestag refuses to approve the draft, the cabinet can ask the federal president to declare a "legislative state of emergency" ( Gesetzgebungsnotstand ) with regard to that specific law proposal. After the declaration of the president, the Bundestag has four weeks to discuss the draft law. If it does not approve it the cabinet can ask the Federal Council for approval. After the consent of
7448-539: The Bundestag), accredit German diplomats, and receive the letters of accreditation of foreign diplomats. According to Article 60 (2) of the German Constitution, the president has the power to pardon. This means the president "has the authority to revoke or commute penal or disciplinary sentences in individual cases. The federal president cannot, however, issue an amnesty waiving or commuting sentences for
7581-414: The Bundestag, although they would have been entitled to do so under the same conditions as the president. While in office, the president enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the president is impeachment by the Bundestag or Bundesrat for willfully violating German law. In either of the two bodies a two-thirds majority is required. Once
7714-619: The Bundestag: The first scenario has never happened. The second has been used to call snap elections in 1972 , 1983 , and 2005 , in all three cases with the incumbent chancellor asking his own party to vote down the confidence motion and obtaining a dissolution. Though the use of this strategy is controversial and the latter two cases resulted in complaints to the Federal Constitutional Court , it has been upheld as lawful. All federal laws must be signed by
7847-522: The Church. Having finished his elite secondary education in 1917, Heinemann briefly became a soldier in the First World War , but his severe illness stopped him from being sent to the front. From 1918, Heinemann studied law, economics, and history at the universities of Münster, Marburg, Munich, Göttingen, and Berlin, graduating in 1922 and passing the bar in 1926. He received a Ph.D in 1922 and
7980-679: The Confessing Church. In the World Council of Churches he belonged to its "Commission for International Affairs". As a student, Heinemann, like his friends Lemmer and Roepke, belonged to the Reichsbund deutscher demokratischer Studenten , the student organization of the liberal German Democratic Party , which strongly supported the democracy of the Weimar Republic . Heinemann heard Hitler speak in Munich in 1920 and had to leave
8113-490: The Federal Council is secured, the draft law becomes law. There are some constraints on the "legislative state of emergency". After a president has declared the state of emergency for the first time, the government has only six months to use the procedure for other law proposals. Given the terms provided by the constitution, it is unlikely that the government can enact more than one other draft law in this way. Also,
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#17327656289558246-434: The German president, Paul von Hindenburg , was able to dismiss a chancellor and select his own person for the job, even though the outgoing chancellor possessed the confidence of the Reichstag while the new chancellor did not. Subsequently, President von Hindenburg used his power to appoint Adolf Hitler as Chancellor without consulting the Reichstag. Note: The head of state in a "presidential" system may not actually hold
8379-560: The Office of the President" represents the will and views of the president in the meetings of the Federal Cabinet and reports back to the president. The president's most prominent powers and duties include: After an election or other vacancy in the chancellor's office, the president must propose an individual to the Bundestag to be elected chancellor. The Bundestag is required to vote on this proposed candidate. If this vote fails,
8512-520: The Riksdag appoints (following a vote in the Riksdag ) the prime minister and terminates their commission following a vote of no confidence or voluntary resignation. Cabinet members are appointed and dismissed at the sole discretion of the prime minister. Laws and ordinances are promulgated by two Cabinet members in unison signing "On Behalf of the Government" and the government—not the monarch—is
8645-944: The Soviet Union this position carried such titles as Chairman of the Central Executive Committee of the USSR ; Chairman of the Presidium of the Supreme Soviet ; and in the case of the Soviet Russia Chairman of the Central Executive Committee of the All-Russian Congress of Soviets (pre-1922), and Chairman of the Bureau of the Central Committee of the Russian SFSR (1956–1966). This position may or may not have been held by
8778-661: The Soviet Union with the aim of a reunited, neutral Germany between the blocs, but the GVP failed to attract many voters. Heinemann dissolved his party in 1957 and joined the Social Democratic Party of Germany (SPD), whose aims were relatively close to his own. There, he soon became a member of the party's National Executive. He helped the SPD to change into a Volkspartei (party of the people) by opening it up for socially-minded Protestants and middle-class people especially in
8911-692: The University of Cologne between 1933 and 1939. It was probably his refusal to become a member of the Nazi Party that ended his academic career. Heinemann was invited to join the board of directors of the Rheinisch-Westfälische Kohlensyndikat (Rhenish-Westphalian Coal Syndicate) in 1936, but the invitation was withdrawn due to Heinemann's refusal to end his work for the anti-Nazi Confessing Church . In 1926, Heinemann married Hilda Ordemann (1896–1979), who had been
9044-461: 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 created under the constitution and could be abolished through a democratic procedure of constitutional amendment. In many cases there are significant procedural hurdles imposed on such a procedure (as in the Constitution of Spain ). In republics with
9177-399: The autumn of 2006, President Horst Köhler did so twice within three months. Also, in some cases, a president has signed a law while asking that the political parties refer the case to the Federal Constitutional Court in order to test the law's constitutionality. The Basic Law did not create an office of Vice President, but designated the President of the Bundesrat (by constitutional custom
9310-427: The candidate who achieves an absolute majority is elected. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate who wins a plurality of votes cast is elected. The result of the election is often determined by party politics. In most cases, the candidate of the majority party or coalition in the Bundestag is considered to be the likely winner. However, as
9443-502: The chancellor or the corresponding federal minister in charge of the respective field of politics. This rule ensures the coherence of government action, similar to the system of checks and balances in the United States. There is no need for a countersignature if the president proposes, appoints, or dismisses the chancellor; convenes or dissolves the Bundestag according to Article 63; declares a legislative state of emergency; calls on
9576-426: The church leadership in 1939, but he continued as an elder in his parish, in whose capacity he gave legal advice to persecuted fellow Christians and helped Jews who had gone into hiding by providing them with food. Information sheets of the Confessing Church were printed in the cellar of Heinemann's house at Schinkelstrasse 34 in Essen , Moltkeviertel , and distributed all over Germany. From 1936 to 1950, Heinemann
9709-564: The constitution (or customary law) assumes all political responsibility by granting the crown inviolability (in fact also imposing political emasculation) as in the Kingdom of Belgium from its very beginning; in a monarchy this may even be extended to some degree to other members of the dynasty, especially the heir to the throne. Below follows a list of examples from different countries of general provisions in law, which either designate an office as head of state or define its general purpose. In
9842-516: 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
9975-404: The emergency has to be declared afresh for every proposal. This means that the six months are not a period in which the government together with the president and the Federal Council simply replaces the Bundestag as lawgiver. The Bundestag remains fully competent to pass laws during these six months. The state of emergency also ends if the office of the chancellor ends. During the same term and after
10108-429: The end, Wulff obtained a majority in the third ballot. If the opposition has turned in a strong showing in state elections, it can potentially have enough support to defeat the chancellor's party's candidate; this happened in the elections in 1979 and 2004. For this reason, presidential elections can indicate the result of an upcoming general election. According to a long-standing adage in German politics, "if you can create
10241-444: The executive (government) with the power to "enable decrees in a state of emergency" ( exekutives Notverordnungsrecht ), but for historical reasons the constitution avoided this expression. Though candidates are usually selected by a political party or parties, the president nonetheless is traditionally expected to refrain from being an active member of any party after assuming office. Every president to date, except Joachim Gauck (who
10374-449: 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. The Constitution of Japan ( 日本国憲法 , Nihonkoku-Kenpō )
10507-506: The extent of its head's executive powers of government or formal representational functions. 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 . Among the state constitutions (fundamental laws) that establish different political systems, four major types of heads of state can be distinguished: In
10640-655: The first Chancellor of the newly founded Federal Republic of Germany in 1949, he wanted a representative of the Protestants in the CDU in his government. Heinemann, the president of the Synod of Protestant Churches, reluctantly agreed to become the Minister of the Interior although he had planned to resume his career in industry. A year later, when it became known that Adenauer had secretly offered German participation in
10773-543: The form of official patronage. The Olympic Charter (rule 55.3) of the International Olympic Committee states that the Olympic summer and winter games shall be opened by the head of state of the host nation, by uttering a single formulaic phrase as determined by the charter. As such invitations may be very numerous, such duties are often in part delegated to such persons as a spouse,
10906-504: The government be answerable to both the president and the legislature. The constitution of the Fifth French Republic provides for a prime minister who is chosen by the president, but who nevertheless must be able to gain support in the National Assembly . Should a president be of one side of the political spectrum and the opposition be in control of the legislature, the president is usually obliged to select someone from
11039-522: The head of government's advice. In practice, these decisions are often a formality. The last time the prime minister of the United Kingdom was unilaterally selected by the monarch was in 1963, when Queen Elizabeth II appointed Alec Douglas-Home on the advice of outgoing Prime Minister Harold Macmillan . Gustav Heinemann Gustav Walter Heinemann ( German: [ˈɡʊsta(ː)f ˈhaɪnəman] ; 23 July 1899 – 7 July 1976)
11172-490: The head of state depends 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 India or the United Kingdom , the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like South Africa , there
11305-538: The head of state is notional chief executive include Australia , Austria , Canada , Denmark , India , Italy , Norway , Spain and the United Kingdom . The few exceptions where the head of state is not even the nominal chief executive - and where supreme executive authority is according to the constitution explicitly vested in a cabinet - include the Czech Republic , Ireland , Israel , Japan and Sweden . The head of state usually appoints most or all
11438-559: The head of state. 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
11571-485: The honorary godparent of the seventh child in a family if the parents wish it. They also send letters of congratulations to centenarians and long-time married couples. Article 81 makes it possible to enact a law without the approval of the Bundestag: if the Bundestag rejects a motion of confidence, but a new chancellor is not elected nor is the Bundestag dissolved, the chancellor can declare a draft law to be "urgent". If
11704-423: The incumbent president had serious doubts about the constitutionality of a bill laid before them, they have refused to sign it. It also has to be stated that the president may at their own discretion sign such a "vetoed" bill at any later time, if for example the Basic Law has been changed in the relevant aspect or if the bill in question has been amended according to his concerns, because their initial refusal to sign
11837-554: The industrial districts of Germany. In October 1950 Heinemann had started practising as a lawyer again. In court, he predominantly represented political and religious minorities. He also worked for the release of prisoners in East Germany . Later, he defended conscientious objectors to compulsory military service and Jehovah's Witnesses in court. The latter refused to do even community work instead of military service because of their absolute conscientious objection. As an MP in
11970-406: The key officials in the government, including the head of government and other cabinet ministers, key judicial figures; and all major office holders in the civil service , foreign service and commissioned officers in the military . In many parliamentary systems, the head of government is appointed with the consent (in practice often decisive) of the legislature, and other figures are appointed on
12103-564: The king had the power of declaring war without previous consent of the parliament. For example, under the 1848 constitution of the Kingdom of Sardinia , and then the Kingdom of Italy , the Statuto Albertino —the parliamentary approval to the government appointed by the king—was customary, but not required by law. Examples of heads of state in parliamentary systems using greater powers than usual, either because of ambiguous constitutions or unprecedented national emergencies, include
12236-547: The law and the constitution. It is a matter of political tradition – not legal restrictions – that the president generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties. This distance from day-to-day politics and daily governmental issues allows the president to be a source of clarification, to influence public debate, voice criticism, offer suggestions, and make proposals. In order to exercise this power, they traditionally act above party politics. The president
12369-473: 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. Semi-presidential systems combine features of presidential and parliamentary systems, notably (in the president-parliamentary subtype) a requirement that
12502-402: 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
12635-515: The majority of states, whether republics or monarchies, executive authority is vested, at least notionally, in the head of state. In presidential systems the head of state is the actual, de facto chief executive officer. Under parliamentary systems the executive authority is exercised by the head of state, but in practice is done so on the advice of the cabinet of ministers. This produces such terms as "Her Majesty's Government" and "His Excellency's Government." Examples of parliamentary systems in which
12768-423: The members of the Federal Convention vote by secret ballot and are free to vote against their party's candidate, some presidential elections were considered open or too close to call beforehand because of relatively balanced majority positions or because the governing coalition's parties could not agree on one candidate and endorsed different people, as they did in 1969, when Gustav Heinemann won by only six votes on
12901-414: 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,
13034-446: The nation between themselves). Meanwhile, in presidential systems , the head of state is also the head of government. 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
13167-409: The nominal chief executive officer , heading the executive branch of the state, and possessing limited executive power. In reality, however, following a process of constitutional evolution, powers are usually only exercised by direction of a cabinet , presided over by a head of government who is answerable to the legislature. This accountability and legitimacy requires that someone be chosen who has
13300-713: The office of President of the Presidium of the Supreme People's Assembly , while the party leader's post as chairman of the National Defense Commission was simultaneously declared "the highest post of the state", not unlike Deng Xiaoping earlier in the People's Republic of China . In China , under the current country's constitution , the Chinese President is a largely ceremonial office with limited power. However, since 1993, as
13433-457: The opposition to become prime minister, a process known as Cohabitation . President François Mitterrand , a Socialist, for example, was forced to cohabit with the neo-Gaullist (right wing) Jacques Chirac , who became his prime minister from 1986 to 1988. In the French system, in the event of cohabitation, the president is often allowed to set the policy agenda in security and foreign affairs and
13566-494: The president before they can come into effect. The president may refuse to sign the law, thus effectively vetoing it. In principle, the president has the full veto authority on any bill, but this, however, is not how past presidents handled their power. Usually, the president checks if the law was passed according to the order mandated by the Constitution and/or if the content of the law is constitutional. Only in cases in which
13699-400: The president before they can come into effect; presidents may veto a law if they believe it to violate the constitution. The president's actions and public appearances represent the state itself, its existence, legitimacy, and unity. The president enjoys a higher ranking at official functions than the chancellor. The president's role is integrative and includes the control function of upholding
13832-577: The president dies in office, resigns, or is otherwise removed from office, a successor is to be elected within thirty days. Horst Köhler, upon his resignation on 31 May 2010, became the first president to trigger this re-election process. Jens Böhrnsen , President of the Senate and Mayor of the Free Hanseatic City of Bremen and at the time President of the Bundesrat, became Acting President. Similarly, when Christian Wulff resigned in 2012, it
13965-439: The president does not have to take the oath at the moment of entering office in order to be able to exercise its constitutional powers. In practice, the oath is usually administered during the first days or weeks of a president's term on a date convenient for a joint session of the Bundestag and the Bundesrat. Nevertheless, in theory a persistent refusal to take the oath is considered to be an impeachable offence by legal scholars. If
14098-492: The president is temporarily unable to perform their duties (this happens frequently, for example if the president is abroad on a state visit), he can at his own discretion delegate his powers or parts of them to the president of the Bundesrat. For example, in early November 2022, then President of the Bundesrat Peter Tschentscher deputised President Steinmeier when the latter was on a trip to Asia. If
14231-507: The president's official residences, they do not live in Bellevue palace. Instead, it is only used as a ceremonial office. The president and their spouse live in a villa in Dahlem which is part of the Berlin borough of Steglitz-Zehlendorf . Head of state A head of state (or chief of state ) is the public persona of a state or sovereign state . The specific naming of
14364-704: The presidential model also encompasses people who become head of state by other means, notably through military dictatorship or coup d'état , 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. In certain states under Marxist–Leninist constitutions of
14497-548: The prime minister on matters of state. 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
14630-401: The prime minister runs the domestic and economic agenda. Other countries evolve into something akin to a semi-presidential system or indeed a full presidential system. Weimar Germany , for example, in its constitution provided for a popularly elected president with theoretically dominant executive powers that were intended to be exercised only in emergencies, and a cabinet appointed by him from
14763-429: 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
14896-428: The right of nomination falls to the Bundestag, which is then given 14 days to elect another person. In either case, the President is obliged to appoint the person if a majority of the entire elected Bundestag, not just those present, votes for them (the so-called Kanzlermehrheit , "Chancellor majority"). If the Bundestag cannot elect anyone with a majority in the 14-day period, it is required to hold one final ballot. If
15029-818: The room after interrupting Hitler's diatribe against the Jews. In 1930, Heinemann joined the Christlich-Sozialer Volksdienst (" Christian Social People's Service "), but he voted for the Social Democratic Party in 1933 to try to prevent a victory of the NSDAP. After the Second World War , the British authorities appointed Heinemann mayor of Essen, and in 1946, he was elected to that office, which he kept until 1949. He
15162-472: The six months, the chancellor cannot use the procedure of Article 81 again. A "legislative state of emergency" has never been declared. In case of serious disagreement between the chancellor and the Bundestag, the chancellor resigns or the Bundestag faces new elections. The provision of Article 81 is intended to assist the government for a short time, but not to use it in crisis for a longer period. According to constitutional commentator Bryde, Article 81 provides
15295-417: The state". He established the tradition of inviting ordinary citizens to the president's New Year's receptions, and in his speeches, he encouraged West Germans to overcome the tradition of submissiveness to the authorities, to make full use of their democratic rights and to defend the rule of law and social justice. This attitude and his open-mindedness towards the student protests of 1968 made him popular among
15428-580: The strengthening of the Prince's powers, vis-a-vis the Landtag (legislature), has moved Liechtenstein into the semi-presidential category. Similarly the original powers given to the Greek President under the 1974 Hellenic Republic constitution moved Greece closer to the French semi-presidential model. Another complication exists with South Africa , in which the president is in fact elected by
15561-417: The support of a majority. The President is then required to dismiss the chancellor and appoint the new candidate. The president also appoints and dismisses the remaining members of the federal government upon proposal of the chancellor. This theoretically means that the president can appoint only those candidates presented by the chancellor. It is unclear whether the president could refuse to dismiss or appoint
15694-454: The swearing in at the inauguration of a president of a republic, or the coronation of a monarch. One of the most important roles of the modern head of state is being a living national symbol of the state; in hereditary monarchies this extends to the monarch being a symbol of the unbroken continuity of the state. For instance, the Canadian monarch is described by the government as being
15827-498: The symbolic connection to the government, a practice that dates back to medieval times. Sometimes this practice is taken to excess, and the head of state becomes the principal symbol of the nation, resulting in the emergence of a personality cult where the image of the head of state is the only visual representation of the country, surpassing other symbols such as the flag . Other common representations are on coins , postage and other stamps and banknotes , sometimes by no more than
15960-422: The third ballot. In other cases, elections have turned out to be much closer than expected. For example, in 2010, Wulff was expected to win on the first ballot, as the parties supporting him (CDU, CSU and FDP) had a stable absolute majority in the Federal Convention. Nevertheless, he failed to win a majority in the first and second ballots, while his main opponent Joachim Gauck had an unexpectedly strong showing. In
16093-436: 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
16226-573: The younger generation as well. When asked whether he loved the West German state, he answered that he loved not the state but his wife. Heinemann mainly visited countries that had been occupied by German troops in World War II. He supported the social-liberal government's policy of reconciliation with the Eastern European states. He promoted research into the nature of conflicts and of peace, as well as into environmental problems. It
16359-447: Was Horst Seehofer , Minister-President of Bavaria , as President of the Bundesrat, who became Acting President. When Heinrich Lübke, on the other hand, announced his resignation in 1968, it only came into effect the following year, a mere three months before the scheduled end of his term and after the expedited election of his successor. Back in 1949, Karl Arnold , at the time Minister-President of North Rhine-Westphalia and President of
16492-547: Was Heinemann's idea to found a museum for the commemoration of German liberation movements, and he was able to open such a place officially in Rastatt in 1974. His interest in that subject was partly from the involvement of his own ancestors in the revolution of 1848 . On account of his age and fragile health, Heinemann did not stand for a possible second term as President in 1974. He died in 1976. A short time before his death, Heinemann published an essay in which he criticized
16625-495: Was a German politician who was President of West Germany from 1969 to 1974. He served as mayor of Essen from 1946 to 1949, West German Minister of the Interior from 1949 to 1950, and Minister of Justice from 1966 to 1969. Heinemann was named after his mother's father, a master roof tiler in Barmen , with radical-democratic, left-liberal, and patriotic views. His maternal grandfather, Heinemann's great-grandfather, had taken part in
16758-428: Was an independent ), has suspended their party membership for the duration of their term. Presidents have, however, spoken publicly about their personal views on political matters. The very fact that a president is expected to remain above politics usually means that when they do speak out on an issue, it is considered to be of great importance. In some cases, a presidential speech has dominated German political debate for
16891-574: Was drawn up under the Allied occupation that followed World War II and was intended to replace the previous militaristic and quasi- absolute monarchy system with a form of liberal democracy parliamentary system . The constitution explicitly vests all executive power in the Cabinet , who is chaired by the prime minister (articles 65 and 66) and responsible to the Diet (articles 67 and 69). The emperor
17024-559: Was elected President of West Germany . As he was elected with the help of most delegates of the Free Democratic Party (FDP/Liberals) his election was generally understood as a sign of the re-orientation of the FDP with regard to a future coalition with the SPD ( Social-liberal coalition , October 1969 – October 1982). In an interview Heinemann once said that he wanted to be "the citizens' president" rather than "the president of
17157-845: Was head of the YMCA in Essen. In August 1945, he was elected as a member of the Council of the Protestant Church in Germany . The Council issued the Stuttgart Declaration of Guilt in October 1945 in which it confessed guilt for the failure of the Protestant church not to oppose the Nazis and the Third Reich. Heinemann regarded the declaration as a "linchpin" in his work for the church. From 1949 to 1955, Heinemann
17290-633: Was nominally a presidential republic. However, the elected civilian presidents were effectively figureheads with real political power being exercised by the chief of the Panamanian Defense Forces . Historically, at the time of the League of Nations (1920–1946) and the founding of the United Nations (1945), India's head of state was the monarch of the United Kingdom, ruling directly or indirectly as Emperor of India through
17423-655: Was one of the founders of the Christian Democratic Union in North Rhine-Westphalia , in which he saw an interdenominational and democratic association of people opposed to Nazism. He was a member of the North Rhine-Westphalian parliament ( Landtag , 1947–1950), and from 1947 to 1948, he was Minister of Justice in the North Rhine-Westphalian government of CDU Prime Minister Karl Arnold . When Konrad Adenauer became
17556-683: Was president of the all-German Synod of the Protestant Churches of Germany. He was among the founders of the German Protestant Church Congress ( Deutscher Evangelischer Kirchentag ), a congress of the Protestant laity. In 1949, he was also one of the founding editors of Die Stimme der Gemeinde ("The Voice of the Congregation"), a magazine which was published by the Bruderrat (Brethren's Council) of
17689-411: Was vacant for years. The late president was granted the posthumous title (akin to some ancient Far Eastern traditions to give posthumous names and titles to royalty) of " Eternal President " . All substantive power, as party leader, itself not formally created for four years, was inherited by his son Kim Jong Il . The post of president was formally replaced on 5 September 1998, for ceremonial purposes, by
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