A comparative analysis of the relationship between the Head of State and the Prime Minister

Abstract

This thesis aims to discuss the relationship that exists between the Head of State and the Prime Minister in so far as the same is useful in understanding the basic principles behind today's notion of Parliamentary government. In describing such a relationship, one must first describe the office of both the Head of State and the Prime Minister as they have evolved to their present state. This aspect is dealt with in the first and second chapters which explain the position which these offices today occupy in our notion of a Parliamentary democracy. In these chapters, the evolution of the office of the Prime Minister as well as the modem Head of State are outlined; their respective powers and duties are also touched upon. The relationship is also discussed in general terms. The other chapters analyse those situations in which the relationship assumes a special constitutional significance. These are, in brief, those instances wherein the Head of State might be required to wield his reserve powers, notwithstanding the contrary opinion of the Prime Minister. Major instances of wherein these powers may be called upon are thus found, in the formation of a government out of a hung Parliament, in the refusal of a request for an early dissolution, in the dismissal of a government. Other aspects of the relationship that are touched upon include the power of the Head of State to influence the conduct of the Government, for example, in the choice of Ministers. Throughout this discussion it will be explained that in using these powers the Head of State acts as a guarantee that the citizen's expectations will not be thwarted and that they will be governed according to law and the Constitution. This theme will be developed throughout the thesis, at the conclusion of which it will be suggested that perhaps the role of the Head of State as understood in this sense is growing less and less important.