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Advice (constitutional)




Among the most prominent forms of Advice offered are:



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)