The State-Legal Status of the Monarch (Part One)

The article analyzes the constituent elements of the status of the monarch. It is noted that the definition of monarchy as a form of government with sole power of the head of state is incorrect now. It characterizes only absolute monarchies. The author’s definition of monarchy is proposed: it is a form of government in which the status of the head of state in ordinary conditions is hereditary and indefinite. The reservation about the “ordinary conditions” implies situations in which inheritance is impossible. The main attention is paid to the content of the term “status of the monarch”. According to the author’s concept, the status of the monarch includes four elements. The fi rst is the external material and non-material attributes of the status (title, crown, residence, etc.). The second element is the rights and duties of the monarch. It is noted that the issue of the monarch’s duties is rarely raised in studies. However, the status of the monarch has both restrictions and duties. In Norway, for example, the king must live in his country. He cannot leave the country for more than six months without parliamentary approval, otherwise he will lose the right to the crown. The principle of nonliability of the monarch is included in the same element of status. The term “non-liability” is more correct than the common construction “irresponsibility of the monarch”. Irresponsibility is more often used as a negative personal quality of a person, rather than a neutral assessment of the powers of the subject of state power. The third component of the status is the ideological significance of the monarch, his “sacral halo”. The monarch should be a symbol of the nation, its ideological leader. The fourth element is the monarch’s right to a name. It reflects the meaning of the personal name of a particular head of the state and his belonging to a certain family. It is concluded that the status of the monarch is a unique complex, which personifies the monarch, distinguishes him from any other subject of power, including the president, is acquired by inheritance and belongs to the monarch indefinitely.