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Advice (constitutional Law)
In constitutional law, advice is a formal and usually binding instruction given by one constitutional officer of state to another. Particularly in parliamentary systems of government, heads of state often act on the basis of advice issued by prime ministers or other government ministers. For example, in constitutional monarchies, the monarch usually appoints ministers of the Crown on the advice of their prime minister. 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 constitution or statute. For example, the Basic Law of Germany requires the president to appoint federal ministers on the advice of the chancellor. In others, especially under the Westminster system, advice may legally be rejected; for example, in ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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Commonwealth Realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealth. King Charles III succeeded his mother, Queen Elizabeth II, as monarch of each Commonwealth realm following her death on 8 September 2022. He simultaneously became Head of the Commonwealth. there are 15 Commonwealth realms: Antigua and Barbuda, Australia, The Bahamas, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United Kingdom. All are members of the Commonwealth, an intergovernmental organisation of 56 independent member states, 52 of which were formerly part of the British Empire. All Commonwealth members are independent sovereign states, regardless of whether they are Commonwealth realms. At her accession i ...
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Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman: Definition Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of government s ...
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Constitutional Economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services. Constitutional economics was pioneered by the work of James M. Buchanan. He argued that "The political economist who seeks to offer normative advice, must, of necessity, concentrate on the process or structure within which political decisions are observed to be made. Exis ...
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Advice And Consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch. General The concept serves to moderate the power of one branch of government by requiring the concurrence of another branch for selected actions. The expression is frequently used in weak executive systems where the head of state has little practical power, and in practice the important part of the passage of a law is in its adoption by the legislature. United Kingdom In the United Kingdom, a constitutional monarchy, bills are headed: BE IT ENACTED by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this presen ...
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Constitution Of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive President of Ireland, president, a Bicameralism, bicameral parliament, a separation of powers and judicial review. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. It came into force on 29 December 1937 following a Irish constitutional plebiscite, 1937, statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum. It is the longest continually operating republican constitution within the European Union. Background The Constitution of Ireland replaced the Constitution of the I ...
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Taoiseach
The Taoiseach is the head of government, or prime minister, of Republic of Ireland, Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legislature) and the office-holder must retain the support of a majority in the Dáil to remain in office. The Irish language, Irish word ''Wiktionary:taoiseach, taoiseach'' means "chief" or "leader", and was adopted in the 1937 Constitution of Ireland as the title of the "head of the Government or Prime Minister". It is the official title of the head of government in both English and Irish, and is not used for the prime ministers of other countries, who are instead referred to in Irish by the generic term ''príomh-aire''. The phrase ''an Taoiseach'' is sometimes used in an otherwise English-language context, and means the same as "the Taoiseach". The current Taoiseach is Leo Varadkar, Leo Varadkar TD, leader of Fine Gael, who again took offic ...
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Dáil Éireann
Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland reads: "The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann." It consists of 160 members, each known as a (plural , commonly abbreviated as TDs). TDs represent 39 constituencies and are directly elected for terms not exceeding five years, on the system of proportional representation by means of the single transferable vote (PR-STV). Its powers are similar to those of lower houses under many other bicameral parliamentary systems and it is by far the dominant branch of the Oireachtas. Subject to the limits imposed by the Constitution of Ireland, it has power to pass any law it wishes, and to nominate and remove the Taoiseach (head of ...
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President Of Ireland
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitution of Ireland: Article 12.3 The president is elected directly by the people, although there is no poll if only one candidate is nominated, which has occurred on six occasions to date. The presidency is largely a figurehead, ceremonial office, but the president does exercise certain limited powers with absolute discretion. The president acts as a representative of the Irish state and guardian of the constitution. The president's official residence is in Phoenix Park, Dublin. The office was established by the Constitution of Ireland in 1937. The first president assumed office in 1938, and Irish head of state from 1936 to 1949, became recognised internationally as head of state in 1949 after the ...
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Constitutional Crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. Specific examples include the South African ...
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Constitutional Convention (political Custom)
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitu ...
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