An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings, motions, and... A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...

Countries in which advisory opinions are generally prohibited

United States

The United States Supreme Court has determined that the case or controversy requirement found in Article III of the U.S. Constitution prohibits United States federal courts from issuing advisory opinions. 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 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. Over a century later, in the case of Muskrat v. United States, 219 U.S. 346 (1911), the Court dismissed a case because there was no actual controversy between the parties; thus, any opinion rendered would be advisory. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... This article is about George Washingtons general life. ... John Jay, first Chief Justice of the United States Oil painting by Gilbert Stuart, 1794 John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat and jurist. ... Separation of powers is the idea that the powers of a sovereign government should be split between two or more strongly independent entities, preventing any one person or group from gaining too much power. ... Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ... Holding Article III of the Constitution limits the jurisdiction of the Court to actual controversies between adverse parties; there is no controversy or adversity where an interested party colludes with a disinterested party to bring the suit solely for the purpose of determining the constitutionality of a particular act of... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... 1911 is a common year starting on Sunday (click on link for calendar). ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of...

Many state courts are similarly barred from issuing advisory opinions, although there are often specific exceptions to these limitations. Some states permit 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. Under the laws of the United States, most disputes are properly taken to the courts of the state in which the dispute arose. ... In the context of the United States of America, a state constitution is the governing document of a U.S. state, comparable to the U.S. Constitution which is the governing document of the United States. ...