Advice (constitutional law) in the context of "Heads of state"

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⭐ Core Definition: Advice (constitutional law)

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 law) in the context of Prime Minister of the United Kingdom

The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet, and selects its ministers. Modern prime ministers hold office by virtue of their ability to command the confidence of the House of Commons, so they are invariably members of Parliament.

The office of prime minister is not established by any statute or constitutional document, but exists only by long-established convention, whereby the monarch appoints as prime minister the person most likely to command the confidence of the House of Commons. In practice, this is the leader of the political party that holds the largest number of seats in the Commons. The prime minister is ex officio also First Lord of the Treasury (an office often associated with the premiership between 1721 and 1895, after 1902 always united to it, and, after 1905, an official title of the position), Minister for the Civil Service, the minister responsible for national security, and Minister for the Union. The prime minister's official residence and office is 10 Downing Street in London.

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Advice (constitutional law) in the context of Governor General of Canada

The governor general of Canada (French: gouverneure générale du Canada) is the federal representative of the Canadian monarch, currently King Charles III. The monarch of Canada is also sovereign and head of state of 14 other Commonwealth realms and resides in the United Kingdom. The monarch, on the advice of his or her Canadian prime minister, appoints a governor general to administer the government of Canada in the monarch's name. The commission is for an indefinite period—known as serving at His Majesty's pleasure—usually five years. Since 1959, it has also been traditional to alternate between francophone and anglophone officeholders. The 30th and current governor general is Mary Simon, who was sworn in on 26 July 2021. An Inuk leader from Nunavik, Quebec, Simon is the first Indigenous person to hold the office.

As the sovereign's representative, the governor general carries out the day-to-day constitutional and ceremonial duties of the monarch. The constitutional duties include appointing lieutenant governors, Supreme Court justices, and senators; signing orders-in-council; summoning, proroguing, and dissolving the federal parliament; granting royal assent to bills; calling elections; and signing commissions for officers of the Canadian Armed Forces. The ceremonial duties include delivering the speech from the throne at the state opening of parliament; accepting letters of credence from incoming ambassadors; and distributing honours, decorations, and medals. Per the tenets of responsible government, the governor general acts almost always (except on the matter of honours) on the advice of the prime minister.

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Advice (constitutional law) in the context of Prime Minister of Canada

The prime minister of Canada is the head of government of Canada. Under the Westminster system, the prime minister governs with the confidence of a majority of the elected House of Commons; as such, the prime minister typically sits as a member of Parliament (MP) and leads the largest party or a coalition of parties. As first minister, the prime minister selects ministers to form the Cabinet.

Not outlined in any constitutional document, the prime minister is appointed by the monarch's representative, the governor general, and the office exists per long-established convention. Constitutionally, executive authority is vested in the monarch (who is the head of state), but the powers of the monarch and governor general are nearly always exercised on the advice of the Cabinet, which is collectively responsible to the House of Commons. Canadian prime ministers are appointed to the Privy Council and styled as the Right Honourable (French: le très honorable), a privilege maintained for life.

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Advice (constitutional law) in the context of Minister 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. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or viceroy on how to exercise the Crown prerogatives relating to the minister's department or ministry.

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Advice (constitutional law) in the context of Life peer

In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the Dukedom of Edinburgh awarded for life to Prince Edward in 2023, all life peerages conferred since 2009 have been created under the Life Peerages Act 1958 with the rank of baron. Such peerages entitle (or perhaps obligate) the holder to sit and vote in the House of Lords (so long as they meet qualifications such as age and citizenship). Prior to 2009, life peers of baronial rank could also be created under the Appellate Jurisdiction Act 1876 for senior judges, referred to as Law Lords, with functions then taken over by the new Supreme Court.

The legitimate children of a life peer appointed under the Life Peerages Act 1958 are entitled to style themselves with the prefix "The Honourable", although they cannot inherit the peerage.

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Advice (constitutional law) in the context of Governor-General of Australia

The governor-general of Australia is the federal representative of the monarch of Australia, currently Charles III. The governor-general has many constitutional and ceremonial roles in the Australian political system, in which they have independent agency. However, they are generally bound by convention to act on the advice of the prime minister and the Federal Executive Council. They also have a significant community role, through recognising meritorious individuals and groups, and representing the nation as a whole. The current governor-general is Sam Mostyn.

Significant functions of the governor-general include giving royal assent to bills passed by the houses of parliament, issuing writs for elections, exercising executive power on the advice of the Federal Executive Council, formally appointing government officials (including the prime minister, other ministers, judges and ambassadors), acting as commander-in-chief of the Australian Defence Force, and bestowing Australian honours. However, in almost all instances the governor-general only exercises de jure power in accordance with the principles of the Westminster system and responsible government. This requires them to remain politically neutral and to only act in accordance with Parliament (such as when selecting the prime minister and providing royal assent) or on the advice of ministers (when performing executive actions). However, in certain limited circumstances, the governor-general can exercise reserve powers (powers that may be exercised without or against formal advice), most notably during the 1975 Australian constitutional crisis. These situations are often controversial and the use of and continued existence of these powers remains highly debated.

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Advice (constitutional law) in the context of Irish head of state from 1922 to 1949

The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy in the British Commonwealth with the British monarch as head of state. The monarch was represented in the Irish Free State by the governor-general, who performed most of the monarch's duties based on the advice of elected Irish officials.

The Statute of Westminster, passed in 1931, granted expanded sovereignty to the dominions of the British Commonwealth, and permitted the Irish state to amend its constitution and legislate outside the terms of the Treaty. The Executive Authority (External Relations) Act 1936, enacted in response to the abdication of Edward VIII, removed the role of the monarch for all internal purposes, leaving him only a few formal duties in foreign relations as a "symbol of cooperation" with other Commonwealth nations. The Constitution of Ireland, which took effect in December 1937, established the position of president of Ireland, with the office first filled in June 1938, but the monarch retained his role in foreign affairs, leaving open the question of which of the two figures was the formal head of state. The Republic of Ireland Act 1948 ended the statutory position of the British monarch for external purposes and assigned those duties to the president, taking effect in April 1949, from which point Ireland was inarguably a republic.

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Advice (constitutional law) in the context of Officer of the Order of Australia

The Order of Australia is an Australian honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of then prime minister Gough Whitlam. Before the establishment of the order, Australians could receive British honours, which continued to be issued in parallel until 1992.

Appointments to the order are made by the governor-general, "with the approval of The Sovereign", according to recommendations made by the Council for the Order of Australia. Members of the government are not involved in the recommendation of appointments, other than for military and honorary awards.

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