Advice (constitutional) in the context of "Senate of Canada"

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⭐ Core Definition: Advice (constitutional)

Advice is a formal instruction given by one constitutional officer of state to another that, in many parliamentary systems, is usually binding. For example, heads of state (such as constitutional monarchs) often only act on the advice of the head of government (such as the prime minister) or other ministers. Common examples of advice include the appointment of ministers, the use of executive powers, the calling of elections and the request to deliver formal statements, such as a speech from the throne.

Depending on the state, the duty to accept advice may or may not be legally enforceable. For example, advice is generally not legally enforceable under most countries that follow the Westminster system. Nevertheless, the convention that ministerial advice is always accepted is so strong that in ordinary circumstances, refusal to do so would almost certainly provoke a constitutional crisis, or, at minimum, the removal of the head of state. By contrast, Japan's head of state (the Emperor) is obliged by the constitution to appoint the prime minister designated by the parliament (Diet).

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👉 Advice (constitutional) in the context of Senate of Canada

The Senate of Canada (French: Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they compose the bicameral legislature of Canada.

The Senate is modelled after the British House of Lords, with its members appointed by the governor general on the advice of the prime minister. The appointment is made primarily by four divisions, each having twenty-four senators: the Maritime division, the Quebec division, the Ontario division, and the Western division. Newfoundland and Labrador is not part of any division, and has six senators. Each of the three territories has one senator, bringing the total to 105 senators. Senate appointments were originally for life; since 1965, they have been subject to a mandatory retirement age of 75.

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Advice (constitutional) in the context of Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. Since 1999, varying degree of powers have been devolved to the devolved national parliaments of Northern Ireland, Scotland, and Wales. Each devolved parliament has different devolved powers, with Scotland being the most powerful amongst the three devolved parliaments. The central UK Parliament retains the power to legislate in reserved matters, including broadcasting, defence, and currency.

It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.

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Advice (constitutional) in the context of Privy council

A privy council is a body that advises a head of state, typically, but not always, in the context of a monarchical government. The term "privy" (from French privé) signifies private or secret. Consequently, a privy council, more common in the past, existed as a group of a ruling monarch's most trusted court advisors. Its purpose was to consistently provide confidential advice on matters of state. Despite the abolition of monarchy, some privy councils remained operational, while others were individually disbanded, allowing the monarchical system to continue to exist without a secret crown council.

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Advice (constitutional) in the context of Order of Ontario

The Order of Ontario (French: l'Ordre de l'Ontario) is a civilian honour for merit in the Canadian province of Ontario. Instituted in 1986 by Lieutenant Governor Lincoln Alexander, on the advice of the Cabinet under Premier David Peterson, the civilian order is administered by the Lieutenant Governor-in-Council and is intended to honour current or former Ontario residents for conspicuous achievements in any field.

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Advice (constitutional) in the context of Governor-general of New Zealand

The governor-general of New Zealand (Māori: Te kāwana tianara o Aotearoa) is the representative of the monarch of New Zealand, currently King Charles III. As the King is concurrently the monarch of 14 other Commonwealth realms and lives in the United Kingdom, he, on the advice of his New Zealand prime minister, appoints a governor-general to carry out his constitutional and ceremonial duties within New Zealand.

Governors-general typically serve a five-year term of office, subject to a possible short extension, though they formally serve "at the monarch's pleasure". The incumbent governor-general is Dame Cindy Kiro, since 21 October 2021. Administrative support for the governor-general is provided by the Department of the Prime Minister and Cabinet. Constitutional functions include presiding over the Executive Council, appointing ministers and judges, granting royal assent to legislation, and summoning and dissolving parliament. These functions are generally exercised only according to the advice of an elected government. The governor-general also has important ceremonial roles: hosting events at Government House in Wellington, and travelling throughout New Zealand to open conferences, attend services and commemorations, and generally provide encouragement to individuals and groups who are contributing to their communities.

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Advice (constitutional) in the context of Governor of New South Wales

The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governors of the Australian States perform constitutional and ceremonial functions at the state level. The governor is appointed by the monarch on the advice of the Premier of New South Wales, and serves in office for an unfixed period of time—known as serving At His Majesty's pleasure—though five years is the general standard of office term. The current governor is retired judge Margaret Beazley, who succeeded David Hurley on 2 May 2019.

The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with the Federation of Australia and the New South Wales Constitution Act 1902, which defined the viceregal office as the governor acting by and with the advice of the Executive Council of New South Wales. However, the post still ultimately represented the Government of the United Kingdom until, after continually decreasing involvement by the British government, the passage in 1942 of the Statute of Westminster Adoption Act 1942 (see Statute of Westminster) and the Australia Act 1986, after which the governor became the direct, personal representative of the sovereign.

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Advice (constitutional) in the context of Order in Council

An Order in Council (abbreviated as OIC in some countries) is a type of legal instrument issued by the executive branch of a government, often the head of state or their representatives, on the advice of a cabinet or council of ministers. These instruments are used in several Commonwealth realms, with equivalent instruments also found in countries with a Westminster system of government. Although the specifics vary by country, Orders in Council typically allow the executive to make formal decisions or regulations without enacting new legislation.

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