Question

critical examination of powers and position of president?

Answer 1

Constitutional law theory has for many years systematically aspired to address and publish in the form of a monograph the results of scientific, research and professional efforts on the most important institutes and institutions in the field of constitutional law. Several books that comprehensively and thoroughly discuss the organisation, competence and functioning of legislative, executive and judicial authorities, as well as individual constitutional institutions within those authorities, have already been published by various publishing houses. For many years, however, a fundamental and comprehensive monograph about the President of the Republic, the topic which was otherwise addressed in several articles in professional journals, was needed. The Constitutional Law Institute, which operates within the Slovenian Constitutional Law Association, took the initiative to publish a scientific monograph about the President of the Republic. All its members who are as experts in the field of constitutional law researching the institution of the head of state and are publishing expert papers on this topic were invited to cooperate. Nineteen authors responded to the invitation, including two foreign experts in constitutional law.
 
The President of the Republic is the head of state and, together with the Government, a part of the executive branch. The scope of his or her executive powers, especially the independence of the head of state in the enforcement of these powers, is an important indicator of the model of organisation of powers. Executive powers of the head of state are more extensive in some parliamentary systems and less extensive in others, and might sometimes even be restricted to the extent (normatively or actually) that they can hardly be considered executive. In such systems, the head of state has no significant capacity to influence or affect the executive power. In modern conditions of a parliamentary system, the head of state should especially ensure the equality of legislative and executive powers, which is important for the realisation of the principle of separation of powers.

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