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Advice, in
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. ...
, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government,
heads of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and leg ...
often act on the basis of advice issued by
prime ministers A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpar ...
or other government ministers. For example, in
constitutional monarchies A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law Law is a system A system is a group of Interaction, interacting or interrelated el ...
, the monarch usually appoints
Ministers of the Crown Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy A viceroy () is an official who runs a polity in the name of and as the representative of the mo ...
on the advice of his or her prime minister. Among the most prominent forms of advice offered are: * Advice to appoint and remove individual ministers. * Advice to dissolve parliament. * Advice to deliver formal statements, such as a
speech from the throne Speech is human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if the ...
. 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 President most commonly refers to: *President (corporate title) A president is a leader of an organization, company, community, club, trade union, university or other group. The relationship between a president and a Chief Executive Officer, chi ...
to appoint federal ministers on the advice of the
Chancellor Chancellor ( la, links=no, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the ''cancellarii Cancelli are lattice-work, placed before a window, a door-way, the tribunal o ...
. In others, especially under the
Westminster system The Westminster system or Westminster model is a type of parliamentary A parliamentary system or parliamentary democracy is a system of democratic Democrat, Democrats, or Democratic may refer to: *A proponent of democracy Democracy ...
, advice may legally be rejected; for example, in several
Commonwealth realm A Commonwealth realm is a sovereign state A sovereign state is a polity, political entity represented by one centralized government that has sovereignty over a geographic area. International law defines sovereign states as having a perma ...
s,
the Queen
the Queen
is not legally obliged to accept the advice of her ministers. This lack of obligation forms part of the basis for the Queen's
reserve powers Reserve or reserves may refer to: Places * Reserve, Kansas Reserve is a city in Brown County, Kansas, Brown County, Kansas, United States. As of the 2010 United States Census, 2010 census, the city population was 84. It is located approximate ...
. Nevertheless, the
convention Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
that the head of state accept ministerial advice is so strong that in ordinary circumstances, refusal to do so would almost certainly provoke a
constitutional crisis In political science Political science is the scientific study of politics Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations between individuals, such 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 The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state A head of state (or chief of state) is the public persona A persona (plural personae or personas), depending on the context, can refer to either the public ...
ordinarily is obliged to dissolve ''
Dáil Éireann Dáil Éireann ( , ; ) is the lower house A lower house is one of two chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama *Chambers, Arizona, an unincorporated community i ...
'' (Assembly of Ireland) when advised to do so by the ''
Taoiseach The Taoiseach is the prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a p ...
'' (prime minister). However, where a ''taoiseach'' has (in the words of the
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 is broadly within the tradition of libera ...
) "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 ''Constitution of Ireland'' (1937)


See also

*
Advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bill Bill(s) may refer to: Common meanings * Banknote A banknote (often known as a bill (in the US and Canada), paper money, or simply a note) is a type o ...
* King-Byng Affair *
Constitutional economics A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...
*
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 ...

Constitutionalism
*
Rule according to higher law The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accor ...


Notes

Constitutional law