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constitutional

Constitutional Convention

(May–September 1787) Assembly that drafted the Constitution of the United States. All states but Rhode Island sent delegates in response to a call by the Annapolis Convention for a meeting in Philadelphia to amend the Articles of Confederation. The delegates decided to replace the Articles with a document that strengthened the federal government. An important issue was the apportioning of legislative representation. Two plans were presented: the Virginia plan, favoured by the large states, apportioned representatives by population or wealth; the New Jersey plan, favoured by the small states, provided for equal representation for each state. A compromise established the bicameral Congress to ensure both equal and proportional representation. The document was approved on September 17 and sent to the states for ratification.

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Advice, in constitutional law, is formal, usually binding instruction given by one constitutional officer of state to another. Heads of state, in particular, often act on the basis of advice issued by prime ministers or other government ministers. For example, Queen Elizabeth II formally appoints her British ministers on the advice of the British Prime Minister.

Among the most prominent forms of advice offered are:

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 (the House of Representatives) when advised to do so by the Taoiseach (prime minister). However, where a taoiseach has (in the words of the Irish Constitution) "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.

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