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An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely legally advises on its opinion as to the constitutionality or interpretation of a law.
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.
The issue of unpublished decisions has been described as the most controversial to be faced by the Advisory Committee on the Federal Rules of Appellate Procedure in the 1990s and 2000s. [ 16 ] There is active debate on the fairness issues raised by non-publication, and the utility of non-publication in the light of computerization of court records.
Opinio juris sive necessitatis ("an opinion of law or necessity") also simply opinio juris ("an opinion of law") is the belief that an action was carried out as a legal obligation. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual.
The European Economic and Social Committee was established by the Treaty of Rome of 1957 in order to unite different economic interest groups to establish a Single Market. The creation of this committee gave them an institution to allow their voices to be heard by the European Commission , the Council and the European Parliament .
The historical antecedents of law and economics can be traced back to the classical economists, who are credited with the foundations of modern economic thought.As early as the 18th century, Adam Smith discussed the economic effects of mercantilist legislation; later, David Ricardo opposed the British Corn Laws on the grounds that they hindered agricultural productivity; and Frédéric Bastiat ...
The Federal Advisory Committee Act (FACA) (Pub. L. 92–463, 86 Stat. 770, enacted October 6, 1972), is a United States federal law which governs the behavior of federal advisory committees. In particular, it has special emphasis on open meetings, chartering , public involvement, and reporting. [ 1 ]
According to the terms of the Treaty on European Union "In order to ensure the proper functioning and development of the common market, the Commission (…) formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressively so provides or if the Commission considers it necessary."