Do courts in a common law system ever make decisions about law without a presented case?
<p>In the United States, the Supreme Court does not make a decision about the validity of a law without a specific case presented to them. Are there any examples of common law systems in which a court is able to make a decision without actually having a case at hand?</p>

<p>Yes. In some common law jurisdictions, such as Canada, the United Kingdom and even some U.S. states, the government may under some circumstances refer a legal question to the appropriate Supreme Court (<a href="https://en.wikipedia.org/wiki/Privy_Council_of_the_United_Kingdom" rel="nofollow noreferrer">Privy Council</a> in the U.K.) for an <a href="https://en.wikipedia.org/wiki/Advisory_opinion" rel="nofollow noreferrer">advisory opinion</a>. These opinions are non-binding, but have large influence because they are often made by the same judges that would otherwise end up dealing with the question should it occur in a case.</p>
<p>One common law country in particular stands out in this field: <strong>Ireland</strong>. Under Article 26 of the <a href="http://www.irishstatutebook.ie/eli/cons/en/html#article26" rel="nofollow noreferrer">Irish Constitution</a> the President may, with some exceptions, refer a bill to the Supreme Court to test its constitutionality. The referral is optional, but once made, the Supreme Court's decision is <em>binding</em>. The relevant portion:</p>
<blockquote>
<p>3 1° In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.</p>
<p>[...]</p>
<p>3° In every other case the President shall sign the Bill as soon as may be after the date on which the decision of the Supreme Court shall have been pronounced.</p>
</blockquote>
<p>This power was <a href="https://en.wikipedia.org/wiki/Council_of_State_(Ireland)#Referring_of_bills" rel="nofollow noreferrer">last used successfully</a> in 2004.</p>

common-law case-law