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Who is our head of state?(Letter to the Editor)
SIR: I refer to the article in the September issue by my colleague, Professor George Winterton, on the subject of the head of state.
As I related in The Cane Toad Republic (1999), the term "head of state" came into use as a substitute for "prince", which while perhaps acceptable to the Doge of Venice, was not thought appropriate for the presidents of the new republics of the United States, the various French republics, Switzerland and most of South America.
It is thus a term used by diplomats and international lawyers. Who the head of state is depends entirely on who is held out to be head of state and who is recognised by foreign countries as head of state. Certain consequences follow--a degree of immunity, more limited now after the Pinochet case, and the right to a twenty-one-gun salute. On this basis there is no doubt--the governor-general is the head of state.
The first countries to use it in their internal constitutional law seem to have been the fascist powers. Thus Franco became Jefe d'Estado, and Petain Chef d'Etat. This was always a delightful precedent for the Australian Republican Movement!
Sir David Smith (July-August 2004) has mounted a powerful argument that constitutionally, the governor-general is at the apex of the Australian system, and is constitutionally our head of state, although we do not use the term in our constitutional documents.
Professor ...
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Source: HighBeam Research, Who is our head of state?(Letter to the Editor)