CONSTITUTIONAL AND LEGAL PARAMETERIZATION OF THE HEAD OF STATE IN MODERN MODELS OF THE DISPOSITION OF PUBLIC POWER

In the context of constitutional modernization and transformation of dispositive principles in the organization of public power space, the study focuses on a comparative analysis of the constitutional and legal parameterization of the institution of the head of state. The subject of scientific reflection is a system of determinants, limits and discretionary powers that determine the position and functional load of the supreme representative of public authority in the structure of separation of powers. The methodological framework of the work integrates dogmatic, historical, political, and structural-functional analysis, which makes it possible to deconstruct constitutional models (presidential, parliamentary, mixed, and super-presidential) through the prism of the concepts of legality, legitimacy, and effectiveness. The purpose of the study is to identify the inherent and transitive correlations between the formal and legal parameters of the head of state's status (the order of election, scope of prerogatives, mechanisms of responsibility, role in the system of checks and balances) and the nature of the disposition (distribution, balance and interaction) of power institutions in the modern state. The thesis is proved that constitutional parameterization is not a static set of attributes, but a dynamic factor mediating the transition from a monocentric to a polycentric configuration of public power or, conversely, its recentalization. As a result, a typology of parameterization models has been formed, where the key differentiating criterion is the index of concentration of power competencies in the person of the head of state relative to other public authorities. It has been established that in the context of modern challenges, there is a tendency towards adaptive hybridism of constitutional parameters aimed at optimizing governance while maintaining a democratic ethos.

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Publication Details

Journal
Advances in Law Studies
Published
2026-06-30
DOI
https://doi.org/10.29039/2409-5087-2026-14-2-21-25
Primary Topic
Legal and Policy Issues
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article
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article

CONSTITUTIONAL AND LEGAL PARAMETERIZATION OF THE HEAD OF STATE IN MODERN MODELS OF THE DISPOSITION OF PUBLIC POWER

Aleksandr Mikhailovich Balagurov
Advances in Law Studies
Legal and Policy Issues
article

CONSTITUTIONAL AND LEGAL PARAMETERIZATION OF THE HEAD OF STATE IN MODERN MODELS OF THE DISPOSITION OF PUBLIC POWER

Aleksandr Mikhailovich Balagurov
article en

Abstract

In the context of constitutional modernization and transformation of dispositive principles in the organization of public power space, the study focuses on a comparative analysis of the constitutional and legal parameterization of the institution of the head of state. The subject of scientific reflection is a system of determinants, limits and discretionary powers that determine the position and functional load of the supreme representative of public authority in the structure of separation of powers. The methodological framework of the work integrates dogmatic, historical, political, and structural-functional analysis, which makes it possible to deconstruct constitutional models (presidential, parliamentary, mixed, and super-presidential) through the prism of the concepts of legality, legitimacy, and effectiveness. The purpose of the study is to identify the inherent and transitive correlations between the formal and legal parameters of the head of state's status (the order of election, scope of prerogatives, mechanisms of responsibility, role in the system of checks and balances) and the nature of the disposition (distribution, balance and interaction) of power institutions in the modern state. The thesis is proved that constitutional parameterization is not a static set of attributes, but a dynamic factor mediating the transition from a monocentric to a polycentric configuration of public power or, conversely, its recentalization. As a result, a typology of parameterization models has been formed, where the key differentiating criterion is the index of concentration of power competencies in the person of the head of state relative to other public authorities. It has been established that in the context of modern challenges, there is a tendency towards adaptive hybridism of constitutional parameters aimed at optimizing governance while maintaining a democratic ethos.

Advances in Law StudiesVol. 14(2)
Russian University of Cooperation (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Legal and Policy Issues
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