Section 33 Prohibition Against Advisory Opinions

• Library: Administrative Law 2011

Perhaps the most direct expression of the constitutional requirement of justiciability in Missouri is the long-standing prohibition against advisory opinions. State ex rel. State Bd. of Mediation v. Pigg, 244 S.W.2d 75, 79 (Mo. banc 1951) (“We have no authority to give advisory opinions on constitutional questions affecting, or which may affect, the rights of persons who are not parties to the action.”). More generally, appellate and circuit courts “lack authority to issue advisory opinions on matters of...