An advisory opinion of a court or other government authority, such as an election commission , is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case , but which merely legally advises on its opinion as to the constitutionality or interpretation of a law. The International Law Association is one such commission that provides non binding opinions and advisory documents regarding aspects of international law. Some countries have procedures by which the executive or legislative branches may refer questions to the judiciary for an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions.
43-666: Dublin County North was a parliamentary constituency represented in Dáil Éireann , the lower house of the Irish parliament or Oireachtas , from 1969 to 1981. The method of election was proportional representation by means of the single transferable vote (PR-STV). The constituency was created under the Electoral (Amendment) Act 1969 for the 1969 general election , electing 4 deputies ( Teachtaí Dála , commonly known as TDs). Under
86-576: A Dáil term may last no longer than five years; however, the house can be dissolved by the president at any time at the request of the Taoiseach (head of government). Dáil elections use the electoral system of proportional representation by means of a single transferable vote . The Dáil has 160 members. The Seanad is not directly elected but consists of a mixture of members selected in a number of different ways. There are 60 senators: 43 are elected by councillors and parliamentarians, 11 are appointed by
129-665: A common building complex. The Houses of the Oireachtas Commission was established by statute in 2003 to provide a formal structure for this, which was previously done by a joint committee. Non-political support staff, such as ushers and the English–Irish translation staff, are employed by this Commission and treated as part of the Civil Service of the State . The Commission's chairperson and chief executive are
172-530: A controversy between two or more parties. There have been occasions in Australia's legal history, such as the 1975 Australian constitutional crisis , when politicians have solicited informal advice from Justices of the High Court in their personal capacity. Under Canadian law , the reference question mechanism is equivalent to an advisory opinion. The Supreme Court Act gives the federal Cabinet
215-516: A pilot service on UPC Ireland . On 22 September 2014, the Houses launched the dedicated television channel Oireachtas TV, bringing unfiltered access to the parliamentary process to over one million households nationwide. The service is available free of charge on UPC Channel 207 and Sky Channel 574. In 2012, the Oireachtas launched its first e-consultation. On 28 June 2008, the first Houses of
258-692: Is empowered to give advisory opinions under Chapter IV of its Statute (an annex to the United Nations Charter ) when requested to do so by certain organs or agencies of the United Nations . These opinions are non-binding. The advisory function of the Inter-American Court of Human Rights enables it to respond to consultations submitted by agencies and member states of the Organization of American States regarding
301-572: Is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. 2. The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and
344-515: Is the bicameral parliament of Ireland . The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas ( Irish : Tithe an Oireachtais ): a house of representatives called Dáil Éireann and a senate called Seanad Éireann . The houses of the Oireachtas sit in Leinster House in Dublin , an eighteenth-century ducal palace . The directly elected Dáil
387-729: Is the more powerful of the houses of the Oireachtas. The word oireachtas comes from the Irish word airecht / oireacht ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word airig ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State . Dáil Éireann is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old; non-Irish citizens may be enfranchised by law, which currently extends to British citizens. By law,
430-675: The separation of powers for the Supreme Court to provide such an opinion, noting that the president could rely on advice from anyone within the executive branch under Article Two of the United States Constitution which expressly permits the President of the United States to "require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to
473-726: The Ceann Comhairle and clerk of the Dáil respectively; other members are the Cathaoirleach of the Seanad, one appointed by the Minister for Finance , four by the Dáil, and three by the Seanad. The Commission, through the translation department, is responsible for periodic updates to An Caighdeán Oifigiúil , the official standard form of the Irish language . Advisory opinion The International Court of Justice
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#1732782958682516-457: The Electoral (Amendment) Act 1974 , it was reduced to 3 seats from 1977 onwards. It was abolished by the Electoral (Amendment) Act 1980 . and the Baldoyle ward in the county borough of Dublin . and in the county borough of Dublin, the wards of Finglas East C, Santry A. Note: The columns in this table are used only for presentational purposes, and no significance should be attached to
559-941: The Free State Senate was abolished in May 1936 and the role of the monarch was removed in December 1936. The modern Oireachtas came into being in December 1937, on the adoption of the Constitution of Ireland . The first Oireachtas radio and television broadcasts were of ceremonial addresses from dignitaries , beginning with that of John F. Kennedy during his 1963 state visit. Regular radio broadcasting of edited Oireachtas proceedings began in October 1986, although budget statements had already been broadcast live. Television coverage of Dáil, Seanad, and committee proceedings began in 1990, 1991, and 1993 respectively. Since 2005
602-523: The Cabinet likely to arise, and the Supreme Court shall pronounce in open court its opinion on the question." This article has been put to use on six occasions, in the following cases, in which the Cabinet sought an advisory opinion from the Supreme Court on hypothetical cases relating to an interpretation of constitutional provisions: Three Questions Referred under Articles 36 & 55 of the Constitution (1977); Four Questions Referred under Article 55 of
645-542: The Constitution (1977); Constitutional Reference; In re Article 55 of the Constitution (2003); Constitutional Reference; In re Dual Nationality and Other Questions (2004); In the Matter of Article 55 & 45 (and Article 36 & 40) of the Constitution (2007); and In the Matter of Article 55 & 45 (and Article 36 & 40) of the Constitution (2008). In Constitutional Reference; In re Dual Nationality and Other Questions (2004), Chief Justice Barry Connell made
688-451: The Court, which then holds a hearing. It typically reserves its decision, later releasing a written opinion. The Court has a discretion to refuse to answer questions which are too ambiguous or will not provide an answer with any meaning. The Provincial governments and some of the territories have a similar power to refer questions to their highest appeal courts for an opinion. This power is set out in their respective provincial laws defining
731-827: The Duties of their respective Offices." In other words, Jay informed President Washington that the President ought to turn to the Attorney General and perhaps other Cabinet secretaries when they require legal advice concerning American law. Over a century later the Court dismissed a case because there was no "actual controversy" between the parties; thus, any opinion rendered would be advisory. State courts are not subject to U.S. Constitution's Article III case or controversy limitation. Many state courts are barred from issuing advisory opinions by their own constitutions, although there are often specific exceptions to these limitations. Some states , like Rhode Island , permit
774-725: The English, and later British, Parliament . This Parliament consisted of the King of Ireland , who was the same person as the King of England, a House of Lords and a House of Commons . In 1800 the Irish Parliament approved its own abolition when it enacted the Act of Union , which came into effect from 1 January 1801. The next legislature to exist in Ireland came into being in 1919. This
817-678: The King, the House of Commons of Southern Ireland and the Senate of Southern Ireland . The Parliament of Southern Ireland was formally abolished in 1922, with the establishment of the Oireachtas under the Constitution of the Irish Free State . The Oireachtas of the Irish Free State consisted of the King (represented by a Governor-General ) and two houses: Dáil Éireann (described as a "Chamber of Deputies") and Seanad Éireann. However,
860-500: The Oireachtas as follows:—". The Oireachtas has exclusive power to: The Oireachtas has a number of joint committees that include members of both houses. There are currently fifteen of these: Oireachtas has been the title of two parliaments in Irish history : the current Oireachtas of Ireland, since 1937, and, immediately before that, the Oireachtas of the Irish Free State of 1922 to 1937. The earliest parliament in Ireland
903-429: The Oireachtas family day was held. This initiative by the Ceann Comhairle of Dáil Éireann , John O'Donoghue and the Cathaoirleach of Seanad Éireann , Pat Moylan aimed to increase public awareness in the work of the Houses of the Oireachtas. It included tours of both chambers of the Oireachtas, lectures on the history of Oireachtas, historic political speeches recited by actors and a hot air balloon – commemorating
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#1732782958682946-435: The President of India may refer to the Supreme Court of India, a question of law or fact which, he thinks, is of public importance. It is not binding on the Supreme Court to answer questions raised in the reference. For an analysis of this provision, see 1. If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it
989-424: The Seanad (although the Dáil can override a Seanad refusal to pass a bill), and then signed into law by the president. Bills to amend the Constitution must also be approved by the people in a referendum prior to being presented to the President. In most circumstances, the president is in effect obliged to sign all laws approved by the Houses of the Oireachtas, although the president has the power to refer most bills to
1032-407: The Supreme Court for a ruling on constitutionality. The powers of the Seanad are in effect limited to delay rather than veto. It is the Dáil, therefore, that is the supreme tier of the Irish legislature. The general enacting formula for Acts of the Oireachtas is: "Be it enacted by the Oireachtas as follows:—", for an act with a preamble this enacting formula is, instead, "Be it therefore enacted by
1075-524: The Supreme Court shall, after hearing as it thinks fit, report to the President its opinion thereon. Article 55 of the Constitution of Nauru provides: "The President or a Minister may, in accordance with the approval of the Cabinet , refer to the Supreme Court for its opinion any question concerning the interpretation or effect of any provision of this Constitution which has arisen or appears to
1118-714: The Taoiseach, Bertie Ahern , proposed that Northern Ireland MPs should be able to address a committee of the whole Dáil. However, Fine Gael , the Labour Party , and Ahern's coalition partners, the Progressive Democrats , all opposed the idea, as did the Green Party , the Socialist Party and some Oireachtas members from Fianna Fáil . Only Sinn Féin, the party that stood to gain most from
1161-404: The Taoiseach, and six are elected by two university constituencies . The president is directly elected once every seven years, and may serve a maximum of two terms; where there is only one candidate for president, no ballot will be taken, and the candidate will be deemed elected at the close of nominations. To become law, a bill must first be approved by both the Dáil and in most circumstances
1204-408: The balloon flight which took place in 1785 from Leinster Lawn. The Oireachtas family day took place again in 2009, but it has not been held since then. Although, as adopted in 1937, Article 3 of the constitution asserted the "right of the parliament and government established by this constitution to exercise jurisdiction" over the whole of Ireland, it also provided that pending the "re-integration of
1247-466: The following remarks in relation to the nature of article 55: The United States Supreme Court has determined that the case or controversy requirement found in Article Three of the United States Constitution prohibits United States federal courts from issuing advisory opinions. Accordingly, before the court will hear a case, it must find that the parties have a tangible interest at stake in
1290-753: The governor to certify questions on the constitutionality of laws to the state supreme court. Also, some states require their supreme court to give advisory opinions on particular matters, such as whether proposed amendments to the state constitution violate the U.S. Constitution. Statutory or constitutional provisions in Alabama, Colorado, Delaware, Florida, Maine, Massachusetts, Michigan, New Hampshire, Oklahoma, Rhode Island, and South Dakota allow their highest courts to issue advisory opinions in some circumstances. Several other states, including Kentucky, Minnesota, Missouri, and Vermont, once allowed for advisory opinions by statute or constitution, but have since abandoned
1333-413: The grounds that this would amount to representation "without taxation or responsibility". Beginning with Seamus Mallon in 1982, one or more from Northern Ireland have been included among the eleven Senators nominated by the Taoiseach after most elections. Sinn Féin has advocated that Northern Ireland MLAs , MPs , and MEPs should have the right to participate in Dáil debates, if not vote. In 2005
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1376-608: The interpretation of the American Convention on Human Rights or other instruments governing human rights in the Americas . It is also empowered to give advice on domestic laws and proposed legislation, and whether or not they are compatible with the Convention's provisions. The High Court of Australia is prohibited by the Constitution of Australia from issuing advisory opinions; a binding determination requires
1419-462: The matter, the issue presented must be "mature for judicial resolution" or ripe , and a justiciable issue must remain before the court throughout the course of the lawsuit. While this doctrine is still in full force, there has been a liberalization of these requirements in recent years. In a letter to President George Washington , replying to the president's request for such an opinion, then-Chief Justice John Jay replied that it would violate
1462-469: The national territory" Acts of the Oireachtas would not apply to Northern Ireland. Therefore, no serious attempts have been made for the representation of Northern Ireland in the Dáil. As Taoiseach, Éamon de Valera , while a staunch opponent of partition, and who had been elected to represent a Northern constituency in the First Dáil , did not pursue the idea of seats in the Dáil for Northern Ireland, on
1505-418: The order of columns. For details of the order in which seats were won at each election, see the detailed results of that election. ^ *: Outgoing TD Oireachtas Opposition (75) Vacant Opposition (16) Vacant The Oireachtas ( / ˈ ɛr ə k t ə s / EH -rək-təs , Irish: [ˈɛɾʲaxt̪ˠəsˠ] ), sometimes referred to as Oireachtas Éireann ,
1548-431: The power to refer questions to the Supreme Court of Canada on any questions of law. The Supreme Court then has jurisdiction to hold a hearing on the reference, just like an appeal. The Attorney General of Canada participates in a federal reference. The provincial and territorial Attorneys General have the right to intervene, and interested parties may apply to intervene. The parties make detailed written submissions to
1591-473: The powers of the appellate courts. The Supreme Court Act gives an automatic right of appeal from a reference decision of a provincial Court of Appeal to the Supreme Court of Canada. In India , the President of India can request the Supreme Court of India to provide its advice on certain matters. This procedure is called "Presidential Reference" . According to Article 143 of the Constitution of India ,
1634-521: The practice. Advisory opinions should not be confused with certified questions by one court to another, which are permissible. U.S. federal courts, when confronted with real cases or controversies in which the federal court's decision will turn in whole or in part on a question of state law (e.g. diversity cases under the Erie doctrine or issues in which federal law incorporates state law by reference, such as exemptions in bankruptcy ), occasionally ask
1677-639: The proceedings of both houses have been made available over the internet by HEAnet and the eDemocracy Unit of the Office of the Houses of the Oireachtas. Houses of the Oireachtas Channel (publicly known as Oireachtas TV) is a digital television channel in Ireland. It broadcasts Committee and Houses and other parliament proceedings following its establishment under the Broadcasting Act 2009 . On 15 November 2011, it began broadcasting
1720-473: The proposal, supported it, while the more moderate Social Democratic and Labour Party (SDLP) described it as a step forward. The proposal was also criticised widely in the media, with an editorial in The Irish Times , declaring that: "The overwhelming democratic imperative is that the institutions of this State should represent and serve the people of the State." From 2011, Northern Ireland MEPs had
1763-599: The same automatic right as MEPs from the Republic to participate in meetings of the Seanad's European committee, whereas other MEPs require an invitation. This ended in 2020 when the United Kingdom left the EU, which consequently meant all UK MEPs left office. While each house is empowered to organise its own business, they have always co-operated in practical matters arising from the fact that they share Leinster House as
Dublin County North (Dáil constituency) - Misplaced Pages Continue
1806-517: Was a unicameral parliament established by Irish republicans , known simply as Dáil Éireann . This revolutionary Dáil was notionally a legislature for the whole island of Ireland. In 1920, in parallel to the Dáil, the British government created a home rule legislature called the Parliament of Southern Ireland . However, this parliament was boycotted by most Irish politicians. It was made up of
1849-517: Was the Parliament of Ireland , which was founded in the thirteenth century as the supreme legislative body of the lordship of Ireland and was in existence until 1801. This parliament governed the English-dominated part of Ireland, which at first was limited to Dublin and surrounding cities, but later grew to include the entire island. The Irish Parliament was, from the passage of Poynings' Law in 1494 until its repeal in 1782, subordinate to
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