„Pouvoir neutre” и отговорността на държавния глава

Abstract

Some constitutional theorists defend unbounded power of the monarch to respond to the expansive discretionary elements of his power. Against these approaches, this Article examines how the textual assignment of some virtues helps to constitute and constrain the power of the Head of the State. The Constan`s theory of „pouvoir neutre” is the solution for constitutional constraint for unenlightened statesmen and relies on virtue to make governing possible. Constitutional responsibility of the Head of the State is a consistent textual theme found in the virtues of his „pouvoir neutre”, in the duty to „take Care that the Laws be faithfully executed”, the responsibility to remain faithful to the office of the Head of the State, and the obligation to preserve the integrity of the government itself. Although the discretion of the Monarch in executing and in interpreting the laws is inevitable, this Article is trying to explain why the Monarch is constrained by virtues of the „pouvoir neutre” such as care and fidelity and by integrity in interpretive practices. This Article contends that these obligations, paired with the statutory and implied duty to do only what is both necessary and proper, provide textual grounds for constraints on monarch`s power even in the absence of more robust structural constraints.