We decided to do our best to earn the good opinion we thought we should have of ourselves. The legal or constitutional regulations of Alabama, Colorado, Delaware, Florida, Maine, Massachusetts, Michigan, New Hampshire, Oklahoma, Rhode Island, and South Dakota allow their highest courts to issue advisory opinions in certain circumstances. [12] Several other states, including Kentucky, Minnesota, Missouri, and Vermont, have already authorized expert advice by law or constitution, but have since abandoned the practice. [13] In a small premonition, he repeated this opinion in November. In a letter to President George Washington in response to the president`s request for such an opinion, then-Chief Justice John Jay responded that it would violate the separation of powers for the Supreme Court to issue such an opinion, noting that the president could rely on the advice of anyone in the executive branch under Article Two of the U.S. Constitution. which expressly allows the President of the United States to “seek advice. in writing from the senior official of each of the executive departments on any matter relating to the functions of their respective offices. In other words, Jay informed President Washington that the president should contact the attorney general and perhaps other cabinet secretaries if they need legal advice regarding U.S. law. More than a century later, the court dismissed a lawsuit because there was no “real controversy” between the parties; Therefore, any opinion expressed would be advisory. [9] [10] The Australian Constitution prohibits the High Court of Australia from giving advisory opinions; A binding decision requires controversy between two parties.
[1] [2] [3] During certain episodes in Australian legal history, such as the 1975 Australian constitutional crisis, politicians sometimes sought informal advice from Supreme Court justices in their personal capacity. An advisory opinion is an opinion of a court or commission, such as an electoral commission, that does not have the effect of ruling on a particular legal case, but merely informs about the constitutionality or interpretation of a law. In some countries, there are procedures for the executive or legislative branch to certify important matters to the judiciary and to obtain an opinion. In other countries or jurisdictions, courts may be prohibited from issuing expert opinions. Unlike their federal counterparts, a number of state constitutions empower their courts to issue advisory opinions. But even in these states, courts generally limit expert advice to pending legislation and reject requests for expert advice on abstract or theoretical legal issues. In any case, the opinions will not be binding in future cases. Federal courts cannot issue advisory opinions because of the constitutional requirement for case or controversy. the result will be that, instead of remaining within the limits of the judiciary and deciding cases or controversies between opposing parties, as provided for in the Constitution, this Tribunal will be obliged to issue opinions in the form of advice on legislative measures, a function never conferred on it by the Constitution. In Canadian law, the preliminary ruling mechanism corresponds to expert expertise. Rotation control began in Florida: opinion covers only a few counties, some people, and a few times.
1. If at any time it appears to the President that a question of law or fact has arisen or is threatened to arise and is of such a public nature and importance as to require the opinion of the Supreme Court, he may refer the question to that Court for consideration, and the Court may, Having heard: that he considers it expedient to transmit his opinion on this question to the President. In fact, as an almost pure consulting firm, Lazard is (rightly) hardly affected by the Dodd-Frank reforms. While courts are generally limited in preparing advisory opinions, the Attorney General and Attorneys General of the United States often issue opinions of an advisory nature. By law, the chairman or head of an executive department may request the Attorney General of the United States to give an opinion on legal matters arising from the administration of that office or department (28 U.S.C.A. §§ 511-512 [1993]).