What Is an Advisory Opinion in Law

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The Supreme Court Act gives the federal Cabinet the power to refer questions to the Supreme Court of Canada on all legal matters. [4] The Supreme Court then has jurisdiction to hear the request for a preliminary ruling, as well as an appeal. The Attorney General of Canada participates in a federal referral. Provincial and territorial attorneys general have the right to intervene and interested parties can request intervention. The parties submit detailed written statements to the court, which then holds a hearing. As a general rule, it reserves the right to take its decision and subsequently publishes a written statement. It is at the discretion of the Court to refuse to answer questions that are too ambiguous or do not give a meaningful answer. 1. If, at any time, the President considers that a question of law or fact has arisen or may arise which is of such a nature and public importance that it is appropriate to seek the opinion of the Supreme Court on the matter, he may refer the question to that court for consideration and the Court may, after hearing: which it deems appropriate to communicate its opinion to the President in this regard. As a general rule, the law requires the Commission to issue a notice within 60 days of receiving a full notice. However, if the application is submitted by a federal candidate within 60 days of an election and the application requests a specific transaction or activity related to that election, the commission must respond within 20 days.

In addition, it is the commission`s informal practice to try to respond to certain important and urgent requests within 30 days. The Constitution of Australia prohibits the Supreme Court of Australia from giving opinions; A binding decision requires controversy between two parties. [1] [2] [3] During certain episodes in Australian legal history, such as the Australian constitutional crisis of 1975, politicians have sometimes sought the informal advice of Supreme Court judges in their personal capacity. If the application is not considered an opinion, the Office of the Advocate General will inform the applicant of the specific deficiencies in the application. All requests for opinions, comments on applications and drafts (including attachments) are made available to the public online and in the FEC`s public records room. An opinion is an opinion of a court or commission such as an electoral commission that does not have the effect of deciding a particular legal case, but merely gives advice on the constitutionality or interpretation of a law. Some countries have procedures under which the executive or legislative branch can certify important matters to the judiciary and seek an opinion. In other countries or jurisdictions, courts may be prohibited from providing notices. Unlike their federal counterpart, a number of state constitutions empower their courts to give opinions. But even in these states, courts generally limit expert opinions to ongoing legislation and reject requests for expert opinions on abstract or theoretical legal issues. In any case, opinions are not binding in future cases. In fact, Lazard, as an almost pure consulting firm, is (rightly) hardly affected by the Dodd-Frank reforms.

In general, the deadline for commenting on a draft opinion is noon on the eve of the meeting at which the Commission is to consider the draft opinion. As a general rule, the Commission does not accept opinions received after the expiry of the time limit set in the envelope note of the draft opinion. A renewal application will only be considered if it is received before the end of the comment period, and then only on a case-by-case basis in special circumstances. 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] Opinions are expressed when there is no case or controversy. Although they are not binding and have no precedent, they are sometimes presented as convincing evidence in cases where there is no precedent. But there is a pinnacle of human success and opinion on which the human foot has never been allowed to rest. While courts are generally limited in issuing opinions, the U.S. Attorney General and Attorneys General often provide advisory opinions. By law, the president or head of an executive division may require the Attorney General of the United States to comment on legal matters arising out of the administration of that office or department (28 U.S.C.A. §§ 511-512 [1993]).

Most states blame attorneys general with similar responsibilities. Although the opinions of attorneys general are generally not binding, in certain circumstances the opinions may be binding on the authorities requesting them. Any person may request an opinion as long as the applicant is concerned by the question he has asked. An applicant cannot obtain an opinion on another person`s activities, hypothetical situations or general legal issues. In my opinion, Lee was one of the greatest actors of all time. The applicant has the opportunity to appear before the Commission at the public meeting when the Commission considers its request for an opinion. An applicant may withdraw a request for comments by submitting a written declaration of withdrawal before the Commission votes in favour of approving the opinion. The International Court of Justice has the power to issue opinions under Chapter IV of its Statute (annex to the Charter of the United Nations) when requested to do so by certain organs or bodies of the United Nations system. These opinions are not binding.

The advisory procedure begins with the submission of a written request for an opinion addressed to the Registrar by the Secretary-General of the United Nations or the Director or Secretary-General of the body requesting the opinion. In urgent cases, the Court may take all appropriate measures to expedite the proceedings. In order to gather all the necessary information on the question put to it, the Court shall have the power to hold a written and oral procedure ….

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