Advice, in constitutional law
, 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
or other government ministers. For example, in
A constitutional monarchy is a form of monarchy
A monarchy is a form of government in which a person, the monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. ...
, 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
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 ( la, links=no, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the '' cancellarii'' of Roman courts of justice—ushers, who sat at the ''cancelli'' or lattice wo ...
. In others, especially under the
The Westminster system or Westminster model is a type of parliamentary system of government that incorporates a series of Parliamentary procedure, procedures for operating a legislature that was first developed in England, key aspects of which ...
, advice may legally be rejected; for example, in several Commonwealth realm
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 or reserves may refer to:
* Reserve, Kansas, a US city
* Reserve, Louisiana, a census-designated place in St. John the Baptist Parish
* Reserve, Montana, a census-designated place in Sheridan County
* Reserve, New Mexico, a US ...
. Nevertheless, the
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
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 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 ...
ordinarily is obliged to dissolve ''
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: ...
'' (Assembly of Ireland) when advised to do so by the ''
The Taoiseach is the prime minister and head of government
The head of government is either the highest or second highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous reg ...
'' (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 liberal ...
) "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)]
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
The executive is the branch of gover ...
* King-Byng Affair
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:
* The exercise of political ...
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 ...
* Rule according to higher law