1. 首页

What Is an Advisory Opinion in Court

The U.S. Supreme Court has ruled that the case or controversy requirement set out in Section Three of the U.S. Constitution prohibits U.S. federal courts from issuing opinions. Therefore, before hearing a case, the court must determine that the parties have a tangible interest in the case, the question asked must be “ripe for a judicial solution” or mature, and a litigant issue must remain before the court throughout the action. Although this doctrine is still in full swing, there has been a liberalization of these requirements in recent years. Submit written comments on an application to the Office of the Advocate General within ten days of publication of the notice. 74 Fed. Reg. 32160 (July 7, 2009)Notices must be submitted in writing. The application must contain a complete description of all the facts relevant to the specific transaction or activity.

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. A few days after the filing of the application, the Court draws up a list of States and international organizations that may be in a position to provide the Court with information on the matter. As a general rule, the States listed are the member States of the organization requesting the opinion, while sometimes the other States to which the Court is open in a contested case are also included. As a general rule, organizations and States entitled to participate in the proceedings may submit written observations, followed by written observations on the observations of others, if the Court considers it necessary. Those written observations shall normally be made available to the public at the beginning of the oral procedure if the Court considers that such proceedings should take place. 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 has the power of written and oral procedure. 11 CFR 112.1(a)–(f)Requests for advice However, it is rare for the ICJ to allow international organizations other than the one that requested the opinion to participate in advisory proceedings. The only international non-governmental organizations ever authorized by the ICJ to provide information ultimately did not do so (international status of South West Africa). The Court rejected all such requests from private parties. A few days after the filing of the application, the Court draws up a list of States and international organizations that may be in a position to provide the Court with information on the matter. These States are not in the same situation as the parties to the proceedings in question: their representatives before the Court are not known as agents and their participation in the advisory procedure does not bind them to the opinion of the Court. As a general rule, the States listed are the member States of the organization requesting the opinion. Any State which is not consulted by the Court may so request. The Supreme Court has strongly opposed subsequent efforts to obtain expert advice, even if these efforts manifest themselves under the guise of actual prosecution. Thus, in Muskrat v. United States, 219 U.S.

346, 31 p. Ct. 250, 55 L. Ed. 246 (1911) established an act of Congress authorizing plaintiffs to sue the United States to determine the validity of certain laws. The court concluded that the prosecutions authorized by law were thinly disguised attempts to obtain expert opinions because the constitutional requirements of legality and of an actual case or controversy were not met. Justice WILLIAM R. DAY, who wrote for the Court, predicted that when judges render judgment in the case, 11 CFR 112.4(b), (c) and (g) issue notices when the court receives a request for an opinion must gather all the facts and therefore have the power to hold written and oral hearings, as in contested cases.

In theory, the Court can do without such procedures, but it has never completely abandoned them. Draft opinions are usually discussed at Commission meetings which are made available to the public. Applicants or their lawyers may appear before the Commission at this open meeting to answer their questions. Applicants or their defence counsel who are unable to physically attend a public meeting may attend by telephone, subject to the technical capabilities of the Commission. The General Assembly and the United Nations Security Council may seek advice on “any legal matter”. Other United Nations bodies and specialized agencies authorized to seek advice may do so only with respect to “legal issues arising in the course of their activities”. 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 be contrary to 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 section two of the U.S. Constitution. which expressly allows the President of the United States to “seek the opinion, in writing, of the Head of the Director General of each of the Executive Departments, on all matters related to the functions of their respective offices”. In other words, Jay informed President Washington that the president should turn to 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] 52 United States. C 30108(c)persons entitled to avail themselves of expert opinions; Scope of protection for the use of good faith Nevertheless, the Court`s opinions are linked to its authority and reputation, and the decision of the institution or body concerned to approve an opinion is, so to speak, sanctioned by international law. An expert offers some legal protection to anyone who: Expert opinions are official Commission answers to questions about how the Federal Campaign Finance Act applies to certain factual situations. 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 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. In Canadian law, the mechanism of the question asked is equivalent to an opinion. 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. States do not have permanent representatives accredited to the Court. They usually communicate with the Chancellor through their Minister of Foreign Affairs or their ambassador accredited to the Netherlands. If they are parties to a dispute before the Court of Justice, they shall be represented by a representative. A representative plays the same role and has the same rights and obligations as a solicitor or solicitor before a national court.

.

END

原创文章,作者:admin,如若转载,请注明出处:http://ojbtudp.top/archives/18595

联系我们

400-800-8888

在线咨询:点击这里给我发消息

邮件:admin@example.com

工作时间:周一至周五,9:30-18:30,节假日休息