De facto head of state

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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 he or she is not a head of state but simply acts like a head of state in the absence of the state's legal and official, or de jure, head of state.

Michaëlle Jean, Governor General of Canada
The Canadian Governor General is sometimes described as a de facto 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. Commonwealth Realms, a specific category of state within the Commonwealth of Nations, are legally 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.

1 Constitutional status of a de facto head of state
2 On the diplomatic circuit
3 Entry in office and its meanings
4 Dead Head of State
5 See also

[edit] 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:

The monarch exists in constitutional law, usually as a component part of the legislature;

Executive authority may be vested in the monarch, or in the Governor-General on behalf of the monarch;

The Governor-General is appointed by the monarch;

The Governor-General takes an oath of allegiance to the monarch;

Letters of Credence or Letters of Recall are received or issued in the name of the monarch. In Canada, however, the Letters of Credence and Recall are issued in the name of the Governor-General.

The Queen of Canada, Elizabeth II
The de jure head of state of Canada. (Photo: Richard Gifford)

At diplomatic functions where the Governor-General is present, the visiting diplomat or head of state toasts "The King" or "The Queen", not the Governor-General, with any reference to the Governor-General being subsidiary in later toasts if featuring at all. If a toast to a de facto head of state is made it will follow the toast to the actual or de jure head of state and will involve a toast to them by name, not office. (e.g., "Mr. and Mrs. Smith", not "Her Excellency, the Governor-General". Sometimes a toast might be made using name and office, e.g., "Governor-General Smith".) Heads of state in contrast are toasted by office alone, e.g., "The President of the United States", "The President of Ireland", "The Queen", etc. In states with a de facto head of state, the actual head of state, as the constitutionally superior officeholder, is always toasted first and directly before or following the proposing of the toast to the other head of state whose representatives are visiting or being visited.

[edit] 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, 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 representative of the Queen, therefore, should be treated as the Queen would be treated.

[edit] 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.

[edit] 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.