In some states, the duty to accept advice is legally enforceable, having been created by a constitution or statute. For example, the Basic Law of Germany requires the president to appoint federal ministers on the advice of the chancellor. In others, especially under the Westminster system, advice may legally be rejected; for example, in several Commonwealth realms, the monarch is not legally obliged to accept the advice of his or her ministers. This lack of obligation forms part of the basis for the monarch's reserve powers. Nevertheless, the convention that the head of state accept ministerial advice is so strong that in ordinary circumstances, refusal to do so would almost certainly provoke a constitutional crisis.
Although most advice is binding, in comparatively rare instances it is not. For example, many heads of state may choose not to follow advice on a dissolution of parliament where the government has lost the confidence of that body. In some cases, whether the advice is mandatory or truly just advisory depends on the context and authority of the person offering it. Hence the president of Ireland ordinarily is obliged to dissolve Dáil Éireann (Assembly of Ireland) when advised to do so by the taoiseach (prime minister). However, if a taoiseach has (in the words of the Constitution of Ireland) "ceased to retain the support of a majority in Dáil Éireann" (i.e., lost the confidence of parliament) the president has the option of refusing to follow that advice, and thus force the taoiseach to resign.[1]
A head of state is the public persona who officially embodies a state in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more.
Ireland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, it is a largely ceremonial position, with real political power being vested in the Taoiseach, who is nominated by the Dáil and is the head of the government.
A prime minister,premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not the head of state, but rather the head of government, serving under either a monarch in a democratic constitutional monarchy or under a president in a republican form of government.
The president of Ireland is the head of state of Ireland and the supreme commander of the Irish Defence Forces.
The Taoiseach is the head of government, or prime minister, of Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann and the office-holder must retain the support of a majority in the Dáil to remain in office.
The Westminster system or Westminster model is a type of parliamentary government that incorporates a series of procedures for operating a legislature. This concept was first developed in England.
The president of the Executive Council of the Irish Free State was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937. He was the chairman of the Executive Council of the Irish Free State, the Free State's cabinet. The president was appointed by the governor-general, upon the nomination of Dáil Éireann and had to enjoy the confidence of the Dáil to remain in office. The office was succeeded by that of taoiseach, though subsequent Taoisigh are numbered from the first president of the Executive.
The Governor-General of the Irish Free State was the official representative of the sovereign of the Irish Free State from 1922 to 1936. By convention, the office was largely ceremonial. Nonetheless, it was controversial, as many Irish Nationalists regarded the existence of the office as offensive to republican principles and a symbol of continued British involvement in Irish affairs, despite the Governor-General having no connection to the British Government after 1931. For this reason, the office's role was diminished over time by the Irish Government.
In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state without the approval of another branch or part of the government. Unlike in a presidential system of government, the head of state is generally constrained by the cabinet or the legislature in a parliamentary system, and most reserve powers are usable only in certain exceptional circumstances.
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.
The Government of the 28th Dáil or the 25th Government of Ireland was the government of Ireland formed after the 1997 general election which had been held on 6 June 1997. It was a minority coalition government of Fianna Fáil and the Progressive Democrats, led by Fianna Fáil leader Bertie Ahern as Taoiseach.
The Government of Ireland is the cabinet that exercises executive authority in Ireland.
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, executive power was vested in the Governor-General on behalf of the King. In practice, however, it was the Council that governed, since the Governor-General was bound to act on its advice. The Executive Council included a prime minister called the President of the Executive Council and a deputy prime minister called the Vice-President. A member of the Council was called an executive minister, as distinct from an extern minister who had charge of a department without being in the Council.
The dissolution of a legislative assembly is the mandatory simultaneous resignation of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy, the new assembly is chosen by a general election. Dissolution is distinct on the one hand from abolition of the assembly, and on the other hand from its adjournment or prorogation, or the ending of a legislative session, any of which begins a period of inactivity after which it is anticipated that the same members will reassemble. For example, the "second session of the fifth parliament" could be followed by the "third session of the fifth parliament" after a prorogation, but the "first session of the sixth parliament" after a dissolution.
Dáil Éireann served as the directly elected lower house of the Oireachtas of the Irish Free State from 1922 to 1937. The Free State constitution described the role of the house as that of a "Chamber of Deputies". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad. Like its modern successor, the Free State Dáil was, in any case, the dominant component of the legislature; it effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council. The Free State Dáil ceased to be with the creation of the modern 'Dáil Éireann' under the terms of the 1937 Constitution of Ireland. Both the Dáil and Seanad sat in Leinster House.
The Oireachtas of the Irish Free State was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty. It was the first independent Irish Parliament officially recognised outside Ireland since the historic Parliament of Ireland which was abolished with the Acts of Union 1800.
The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy, in personal union with the monarchy of the United Kingdom and other members of what was then called the British Commonwealth. The monarch as head of state was represented in the Irish Free State by his Governor-General, who performed most of the monarch's duties based on the advice of elected Irish officials.
Dáil Éireann is the lower house, and principal chamber, of the Oireachtas, which also includes the President of Ireland and Seanad Éireann. It consists of 160 members, each known as a Teachta Dála. TDs represent 39 constituencies and are directly elected for terms not exceeding five years, on the system of proportional representation by means of the single transferable vote (PR-STV). Its powers are similar to those of lower houses under many other bicameral parliamentary systems and it is by far the dominant branch of the Oireachtas. Subject to the limits imposed by the Constitution of Ireland, it has power to pass any law it wishes, and to nominate and remove the Taoiseach. Since 1922, it has met in Leinster House in Dublin.
The 24th Government of Ireland was the government formed after the Labour Party had left its previous coalition with Fianna Fáil two years into the 27th Dáil. It was a coalition of Fine Gael, with leader John Bruton as Taoiseach, Labour, with Dick Spring as Tánaiste, and Democratic Left, led by Proinsias De Rossa, known as the Rainbow Coalition, it was a coalition of Fine Gael, the Labour Party and Democratic Left. It is the only time to date that a new government was formed within the same Dáil term composed of a different coalition of parties.
If a motion of no confidence in the Taoiseach or Government of Ireland is passed by Dáil Éireann, or a motion of confidence is defeated, then the Constitution requires both the Taoiseach and the Government to resign. After this, either a replacement Taoiseach is elected by the Dáil, or the Dáil is dissolved and a general election is held. Motions have twice brought down the government, in each case resulting in an election: in November 1982 and again in November 1992.
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