Advocate general
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An advocate general of a state is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to
India
In
Pakistan
In Pakistan an advocate general of the Province of the Punjab is a constitutional post and is an authority duly appointed under Article 140 of the Constitution of Islamic Republic of Pakistan. A person who is qualified to be appointed a Judge of the High Court is appointed the Advocate General for the province. He is the principal law officer of the Province.
The Advocate General and his office defends and protects the interest of the Provincial government and gives invaluable legal guidance to the provincial government in formulation of its policy and execution of its decision. Advocate-General of the Punjab is also ex officio chairman of the Punjab Bar Council.
The office of the Advocate General is directly connected with the High Court of the province. Pre-independence (1947) the High Court of judicature for the premises of Punjab and Delhi was established at Lahore and was called the High Court of Judicature at Lahore. After independence of Pakistan, the High Court at Lahore ceased to have jurisdiction over Delhi and the then East Punjab. On 14 August 1947 the High Court (Lahore) Order, 1947, preserved the continuance of the High Court at Lahore with all rights, powers and privileges as hitherto enjoyed and possessed by it before the appointed day. The Governor-General of the Dominion of Pakistan became the substitute of the Crown in matters of appointment etc. of Judges of the Lahore High Court.[citation needed]
UK
England and Wales
The concept of "advocate general" fits less comfortably into a common law system than a civil law system; and England, the archetypal common law jurisdiction, has no such officer, nor is there any equivalent person to address and advise any court.
However,
Scotland
Historically, the
It was necessary to create a post to advise the
Northern Ireland
The position of
Other European jurisdictions
The position of advocate general is well established in the
The position of advocate general (avocat général) already existed in the French legal system before the
European Union
The Court of Justice of the European Union (CJEU) consists of one judge from each member state, assisted by eleven advocates general whose role is to consider the written and oral submissions to the court in every case that raises a new point of law, and deliver an impartial opinion to the court on the legal solution.[2] Although the Advocates General are full members of the court, they do not take part in the court's deliberations, and the Advocate General's opinion is not binding on the court. Although the court reaches the same solution as the Advocate General more often than not, it cannot usually be stated that the Advocate General's opinion has been 'followed' in any given case, because the court may have reached the same conclusion via different legal reasoning. The role of Advocate General is created by Article 19(2) of the Treaty on European Union and Articles 253 and 254 of the Treaty on the Functioning of the European Union.
Benelux Court of Justice
When the Benelux Court of Justice answers requests for a preliminary ruling, it also first considers the advice of an advocate general. The court has three, one from each participating country (Netherlands, Belgium, Luxembourg), taken from the procureurs-general of each country.
See also
- Advocate-General of Western Australia
- List of members of the European Court of Justice
- Judge Advocate General
References
- ^ "Attorney General's Office: Statement on Northern Ireland devolution, 12 April 2010". Archived from the original on July 5, 2011.
- ^ "Court of Justice of the European Union (CJEU)". European Union. June 16, 2016.
Further reading
- Butler, Graham; Lazowski, Adam (2022). Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union. Oxford: Hart Publishing/ISBN 9781509950003.