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Advice is a formal instruction given by one constitutional officer of state to another that, in manyparliamentary systems, is usually binding. For example,heads of state (such asconstitutional monarchs) often only act on the advice of thehead of government (such as theprime 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 aspeech 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 theWestminster system. Nevertheless, theconvention that ministerial advice is always accepted is so strong that in ordinary circumstances, refusal to do so would almost certainly provoke aconstitutional crisis, or, at minimum, theremoval of the head of state. By contrast, Japan's head of state (the Emperor) is obliged by theconstitution to appoint the prime minister designated by the parliament (Diet).
In certain limited circumstances, usually emergencies or situations threatening to become emergencies, the head of state may act in absence of advice. In Westminster systems, this is known as thereserve powers and their use is heavily constrained by convention. In some circumstances these powers are uncontroversial. For example, the head of state must act without advice when appointing a new prime minister (as the previous prime minister may have resigned), but they are nevertheless generally constrained to choose the person most likely to have the support of parliament. In other situations, the use of reserve powers can create a constitutional crisis, especially where the head of state's decision is questioned and where it cannot be legally challenged. Examples of this includethe dismissal of the Australian prime minister by the governor-general in 1975 and therefusal of the Canadian governor general to dissolve parliament and call an election in 1926,
In some cases, whether the advice is mandatory or truly just advisory depends on the context and authority of the person offering it. Hence thepresident of Ireland ordinarily is obliged to dissolveDáil Éireann (Assembly of Ireland) when advised to do so by thetaoiseach (prime minister). However, if ataoiseach has (in the words of theConstitution of Ireland) "ceased to retain the support of a majority inDáil Éireann" (i.e., lost the confidence of parliament) the president has the option of refusing to follow that advice, and thus force thetaoiseach to resign.[1]