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A de facto head of state is an office-holder who fulfils some, many or all of the functions of a head of state. However legally they are not a head of state but simply act like a head of state in the absence of the state's legal and official, or de jure, head of state. The term "de facto head of state", though it has no constitutional status, is often used informally in Commonwealth Realms to describe the role of a governor-general whose position is not lawfully established , or a specific category of state within the Commonwealth of Nations, a legally formed as constitutional monarchies, all of whom have their own legally defined monarchy but who share the one monarch, whomever happens also to be monarch of the United Kingdom of Great Britain and Northern Ireland. Governors-General are constitutionally the representative of the monarch in their state, through they may exercise some or all of their powers, functions and duties on their own constitutional authority as governor-general.
Constitutional status of a de facto head of state De facto heads of state are usually marked by many or all of the following features: De facto government. One that maintains itself by a display of force against the will of the rightful legal governmentItalic text and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof. Wortham v. Walker, 133 Tex. 255, 128 S.W.2d 1138, 1145. Black’s Law Dictionary 4th Edition (1951) page 504. On the diplomatic circuit While a de facto head of state as a non-head of state cannot be automatically treated as a head of state internationally as of the unlawful nature of their office, but they may be treated like a head of state on state visits as a mark of respect, not automatically diplomatic requirement. Buckingham Palace has in the past suggested that when Governors General travel abroad, they are doing so as the direct illegitimate representative of the Queen, therefore, should be treated as the Queen would be treated. Entry in office and its meanings The lesser status of a de facto head of state is clearly indicated both by the manner of their appointment and method of entry into office. A full head of state could not be appointed by another head of state, nor could they take an oath of allegiance to another head of state, merely an oath of office to the constitution. Someone being appointed by, and taking an oath to, another head of state by definition cannot be a head of state, as a head of state's allegiance is only to the state, its people and constitution, not a constitutionally higher office holder, given that a head of state is the highest constitutional office-holder possible. A de facto head of state only exists where a full head of state exists already to fulfil a role that cannot be filled by the monarch because they do not actually reside in the state and so cannot take on the day-to-day symbolic and representational role normally performed by a resident heads of state. Dead Head of State In the unusual case of North Korea, Kim Il-sung is the Eternal President of the Republic, despite the fact that he died in 1994. Subsequent rulers of North Korea, including Kim Jong-il have technically been de facto heads of state. See also | ||||||||
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