View source for Advice (constitutional law)

{{Short description|Formal instructions from one officer of state to another}}
{{More citations|date=September 2022}}
In a [[parliamentary system]], '''advice''' is a formal and usually binding instruction given by one constitutional officer of state to another. [[Heads of state]] often act on the basis of advice issued by [[prime minister]]s or other government ministers. For example, in [[constitutional monarchies]], the monarch usually appoints [[Minister of the Crown|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, either recognized as a binding obligation under ''[[jus cogens]]'' principles or established by [[constitution]] or [[statute]]. Under the [[Westminster system]], advice may legally be rejected; for example, in several [[Commonwealth realm]]s, the monarch is not legally obliged to accept the advice of his or her ministers. This lack of obligation forms part of the basis for the monarch's [[reserve powers]]. Nevertheless, the [[constitutional convention (political custom)|convention]] 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]].
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.<ref>Article 13.2.2. of ''Constitution of Ireland'' (1937)</ref>
==See also==
* [[Advice and consent]]
* [[King–Byng affair]]
* [[Constitutional economics]]
* [[Constitutionalism]]
* [[Rule according to higher law]]
==Notes==
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[[Category:Constitutional law]]
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