Advisory Opinions
Under Article II, section 1 of the Texas Constitution, Texas courts lack jurisdiction to issue advisory opinions. The state’s Constitution bars courts from rendering advisory opinions and limits access to the courts to those individuals who have suffered an actual, concrete injury. The prohibition on advisory opinions also precludes courts from deciding moot controversies.
What is an Advisory Opinion?
An advisory opinion decides an abstract question of law without binding the parties, and a judgment based on an advisory opinion addresses only a hypothetical injury rather than remedying an actual or imminent harm. It states the court’s legal opinion on a question.
