Some countries have procedures by which the executive or legislative branches may refer questions to the judiciary for an advisory opinion.
It is also empowered to give advice on domestic laws and proposed legislation, and whether or not they are compatible with the Convention's provisions.
[1][2][3] There have been occasions in Australia's legal history, such as the 1975 Australian constitutional crisis, when politicians have solicited informal advice from Justices of the High Court in their personal capacity.
The Provincial governments and some of the territories have a similar power to refer questions to their highest appeal courts for an opinion.
The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after hearing as it thinks fit, report to the President its opinion thereon.
Over a century later the Court dismissed a case because there was no "actual controversy" between the parties; thus, any opinion rendered would be advisory.
[12] Many state courts are barred from issuing advisory opinions by their own constitutions, although there are often specific exceptions to these limitations.
Statutory or constitutional provisions in Alabama, Colorado, Delaware, Florida, Maine, Massachusetts, Michigan, New Hampshire, Oklahoma, Rhode Island, and South Dakota allow their highest courts to issue advisory opinions in some circumstances.
[13] Several other states, including Kentucky, Minnesota, Missouri, and Vermont, once allowed for advisory opinions by statute or constitution, but have since abandoned the practice.