Advice (constitutional)
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In constitutional law, Advice is formal, usually binding instruction given by a constitutional officer of state to another. Heads of state in particular act on the basis of Advice¹ issued by governments and prime ministers. For example, Queen Elizabeth II of the United Kingdom formally appoints Ministers of the Crown 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.
In some isolated cases, constitutional Advice is not binding. For example, many heads of state may opt not to take Advice on a dissolution of parliament where the government has lost the confidence of parliament. In some cases, whether the advice is mandatory or advisory depends on the context and authority of the person offering advice. Hence in normal circumstances when the President of Ireland is advised to dissolve Dáil Éireann (the House of Representatives), by the Taoiseach (prime minister) he or she must do so. However, where in the words of the Irish Constitution a taoiseach has "ceased to retain the support of a majority in Dáil Éireann"² (ie, lost the House's confidence) the President had the option of refusing to follow that advice.
Footnotes
- To indicate that what is being received is not merely an informal suggestion but a formal constitutional instruction which potentially may be obligatory to follow, some though not all constitutional writers capitalise the word, writing it as Advice.
- Article 13.2.2. of Bunreacht na hÉireann (1937)