Advice (constitutional)

Advice (constitutional)

Advice, in constitutional law, is formal, usually binding instruction given by one constitutional officer of state to another. Heads of state, in particular, often act on the basis of advice [Some constitutional writers, though not all, capitalise the word to indicate that it refers not merely to an informal suggestion but to a formal constitutional instruction which, in most cases, "must" be followed.Fact|date=April 2008] issued by prime ministers or other government ministers. For example, Queen Elizabeth II formally appoints her British ministers on the "advice" of the British Prime Minister.

Among the most prominent forms of advice offered are:
* Advice to formally dissolve parliament.
* Advice to deliver formal statements, such as a Speech from the throne.

Although most advice is binding, in comparatively rare instances it is not. For example, many heads of state may choose not to follow advice on a dissolution of parliament where the government has lost the confidence of that body. In some cases, whether the advice is mandatory or truly just advisory depends on the context and authority of the person offering it. Hence the President of Ireland ordinarily is obliged to dissolve "Dáil Éireann" (the House of Representatives) when advised to do so by the "Taoiseach" (prime minister). However, where a "taoiseach" has (in the words of the Irish Constitution) "ceased to retain the support of a majority in "Dáil Éireann" (i.e., lost the confidence of parliament) the President has the option of refusing to follow that advice. [Article 13.2.2. of "Bunreacht na hÉireann"(1937)]

ee also

* King-Byng Affair

Footnotes


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