Advice (constitutional law)
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In
Among the most prominent forms of advice offered are, among other things:
- Advice to appoint and remove individual ministers.
- Advice to dissolve parliament.
- Advice to deliver formal statements, such as a speech from the throne.
In some states, the duty to accept advice is legally enforceable, having been created by a
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 (Assembly of Ireland) when advised to do so by the taoiseach (prime minister). However, if a taoiseach has (in the words of the Constitution of Ireland) "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, and thus force the taoiseach to resign.[1]
See also
- Advice and consent
- King–Byng affair
- Constitutional economics
- Constitutionalism
- Rule according to higher law
Notes
- ^ Article 13.2.2. of Constitution of Ireland (1937)
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