Attorney general
In most common law jurisdictions, the attorney general (pl.: attorneys general)[1] or attorney-general (AG or Atty.-Gen[2]) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the
The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state, especially in criminal prosecutions, is such an attorney. Although a government may designate some official as the permanent attorney general, anyone who came to represent the state in the same way could, in the past, be referred to as such, even if only for a particular case. Today, however, in most jurisdictions, the term is largely reserved as a title of the permanently appointed attorney general of the state, sovereign or other member of the royal family.
Etymology
In regard to the
Attorneys-general in common law and hybrid jurisdictions
Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
Australia
In
Functions of the state and federal attorneys-general include the administration of the selection of persons for nomination to judicial posts, and authorizing prosecutions. In normal circumstances, the prosecutorial powers of the attorney-general are exercised by the Director of Public Prosecutions and staff; however, the attorney-general maintains formal control, including the power to initiate and terminate public prosecutions and take over private prosecutions. Statutory criminal law provides that prosecutions for certain offences require the individual consent of the attorney-general. This is generally for offences whose illegality is of a somewhat controversial nature or where there is perceived to be a significant risk that prosecutions of a political nature may be embarked upon. The Attorney-General also generally has the power to issue certificates legally conclusive of certain facts (e.g., that the revelation of certain matters in court proceedings might constitute a risk to national security); the facts stated in such certificates must be accepted by the courts and cannot legally be disputed by any parties. The Attorney-General also has the power to issue a nolle prosequi with respect to a case, which authoritatively determines that the state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so.
For the attorneys-general of the various states and territories of Australia see:
- Attorney-General of the Australian Capital Territory
- Attorney-General of New South Wales
- Attorney-General of the Northern Territory
- Attorney-General of Queensland
- Attorney-General of South Australia
- Attorney-General of Tasmania
- Attorney-General of Victoria
- Attorney-General of Western Australia
Bangladesh
Barbados
British Virgin Islands
Canada
The
A separate cabinet position, the
For the attorneys-general of the various provinces of Canada see:
- Alberta Minister of Justice and Attorney General
- Attorney General of British Columbia
- Minister of Justice and Attorney General (Manitoba)
- Office of the Attorney General (New Brunswick)
- Minister of Justice and Public Safety and Attorney General of Newfoundland and Labrador
- Minister of Justice of the Northwest Territories
- Attorney General and Minister of Justice of Nova Scotia
- Minister of Justice of Nunavut
- Attorney General of Ontario
- Minister of Justice and Public Safety and Attorney General of Prince Edward Island
- Ministry of Justice (Quebec) (also as attorney general)
- Minister of Justice and Attorney General of Saskatchewan
- Minister of Justice (Yukon)
Cyprus
The Attorney General of the Republic is an independent official of the Republic of Cyprus, head of the Legal Service of the state.[1] He is the legal advisor of the Government of Cyprus.[1] Hierarchically, it is the 3rd highest institution of the state, after the President of the Republic and the President of the Parliament. This institution originates from the time of the British rule, and was preserved even after the independence of Cyprus in 1960 due to the Anglo-Saxon law which continues to exist in Cyprus, as in other Commonwealth states.
Fiji
In Fiji, the role of the attorney general is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".[6]
The current Attorney General is Aiyaz Sayed-Khaiyum. In January 2008, he sparked controversy by accepting other government positions in addition to his role as attorney general. Sayed-Khaiyum is currently responsible also for "Public Enterprise, Electoral Reform and Anti-Corruption". An article in the Fiji Times pointed out that "never before in the history of this nation has the Attorney-General held a portfolio dealing with matters other than the law and the judiciary", and criticised the decision.[7]
Grenada
Hong Kong
The Secretary for Justice, known as the attorney-general before the
- the Solicitor General who heads the Legal Policy Division,
- the Director of Public Prosecutions who head the Prosecutions Division,
- the Law Officer (Civil Law)who heads the Civil Law Division,
- the Law Officer (International Law)who heads the International Law Division, and
- the Law Draftsmanwho heads the Law Drafting Division
(The Administration and Development Division is headed by an Administrative Officer.)
Crimes and offences are prosecuted at the suit of the Secretary of Justice.
The Secretary of Justice, appointed by the
India
Ireland
The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices.
The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State. The Office of the Attorney General, is made up of a number of different offices:
- The Attorney General's Office (located at Merrion Street, Dublin 2) containing the Advisory Counsel to the Attorney General
- The Office of Parliamentary Counsel to the Government (also located at Merrion Street, Dublin 2) containing the Parliamentary Counsel who draft legislation and have responsibilities in the area of Statute Law revision
- The Chief State Solicitor's Office(CSSO) (located at Little Ship Street, Dublin 8) containing the solicitors representing the Attorney and the State
Since the enactment of the Prosecution of Offenses Act 1974 the responsibility for the prosecution of indictable criminal offences is mostly in the hands of the Director of Public Prosecutions who is by law independent of the attorney general and the State. The current attorney general is
Isle of Man
In the
Israel
The Attorney General of Israel is the head of the public prosecution from the state, the person who advises the government in legal matters, the person who represents the state's authorities in the courts, and advises in preparation of law memoranda of the government in general and the Justice Minister in particular (likewise he examines and advises for private proposals for a law of Knesset members).
Jamaica
This is a position which existed in Jamaica for a long time.
Kenya
In
- Solicitor general
- Senior Deputy Solicitor General
- Director of Public Prosecutions
- Registrar General
- Administrator General
- Chairman of Advocates Complaints Commission
- Chief Parliamentary Counsel
- Chief State Counsel
The Hon. Justice (Rtd) Paul Kihara Kariuki is the current Attorney-General of Kenya as of April 2018.[10]
Kiribati
In Kiribati, the attorney general is defined by section 42 of the Constitution as "the principal legal adviser to the Government". The Constitution specifies: "No person shall be qualified to hold or to act in the office of Attorney-General unless he is qualified to practise in Kiribati as an advocate in the High Court." The current Attorney General, as of 2016, was the Honourable Tetiro Semilota, until her nomination as Acting Chief Justice in October 2022.[11]
Leeward Islands
Malaysia
In Malaysia the attorney-general or Peguam Negara (as he is referred to in Bahasa Melayu) is the principal legal adviser to the Government. He is also the principal public prosecutor in the country, and is also known as the Public Prosecutor. He has the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial. The current Attorney-General of Malaysia is Idris Harun since 2020.
Maldives
Mauritius
In Mauritius, the attorney-general, who should be a barrister, is the principal legal adviser to the government and holds the office of a minister.
The Attorney-General's Office is also responsible for the drafting of legislation, and vetting of all contracts or agreements of which the government is a party, including international agreements, treaties or conventions.
Myanmar
Nepal
In Nepal, the attorney general is the chief legal adviser of the Government of Nepal as well as its chief public prosecutor. An Attorney General is appointed by the President on recommendation of the Prime Minister. The Attorney General's Office is a constitutional body under the Constitution of Nepal (2015). For a person to be eligible for the post of Attorney General, they must also be qualified to be appointed as a judge of the Supreme Court.[12]
New Zealand
In
Pakistan
The Attorney-General of Pakistan is the
Philippines
The Attorney General of the Philippines was an office that existed from 1901 until 1932, when the office was abolished and its functions taken over by the Secretary of Justice. Since then, the Solicitor General of the Philippines, previously the second law officer, has been the principal law officer and legal defender of the
Samoa
In Samoa, the attorney general is the legal adviser to the government. Since 2016, the current[update] attorney general is Lemalu Hermann Retzlaff (whose father Misa Telefoni Retzlaff also served as attorney general from 1986 to 1988)
Singapore
The Attorney-General of Singapore is the
Sri Lanka
The
Sudan
As of 10 October 2019[update], the Attorney General of Sudan is Tag el-Sir el-Hibir.[16]
Tonga
The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009.[17][18] The Attorney General is defined as the "Chief Legal Advisor to Government".[19]
Trinidad & Tobago
According to the Constitution of Trinidad and Tobago, the supreme law of the nation, The Attorney General shall be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against the State shall be taken— (a) in the case of civil proceedings, in the name of the attorney general; (b) in the case of criminal proceedings, in the name of the State.
United Kingdom
England and Wales
The
The attorney general has supervisory powers over the prosecution of criminal offences, but is not personally involved with prosecutions; however, some prosecutions (e.g. riot) cannot be commenced without their consent, and they have the power to halt prosecutions generally. Criminal prosecutions are the responsibility of the Crown Prosecution Service, headed by the Director of Public Prosecutions. The Attorney General may appeal cases to the higher courts where, although the particular case is settled, there may be a point of law of public importance at issue.
The Attorney General's deputy is the Solicitor General for England and Wales.
Under the Government of Wales Act 2006, the Counsel General is the chief legal adviser to the Welsh Government.
Northern Ireland
Since the prorogation of the Parliament of Northern Ireland in 1972, the Attorney General for England and Wales was also Attorney General for Northern Ireland. The separate office of Attorney General for Northern Ireland was re-created alongside the new office of Advocate General for Northern Ireland upon the devolution of policing and justice powers to the Northern Ireland Assembly in 2010.
Scotland
Historically, the Lord Advocate was the equivalent for Scotland of the attorney general for England and Wales, being a legal advisor to the King of Scotland. After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.
Under constitutional reforms enacted in 1999, the Lord Advocate has become an officer of the Scottish Government, while the United Kingdom Government is advised on Scots law by the Advocate General for Scotland, a position created in 1999.
The Lord Advocate is assisted by the Solicitor General for Scotland. The Advocate General is assisted by the Solicitor to the Advocate General for Scotland, based in Edinburgh.
Other attorneys-general in the UK
The Attorney General of the Duchy of Cornwall is the chief legal adviser to the Prince of Wales, and there is a separate Attorney General for the Duchy of Lancaster, an appointment that is held by the Crown.
United States
In the
The individual
In nearly all United States jurisdictions the attorney general is the chief law enforcement officer of that jurisdiction, and as such attorney general may also be considered a police rank. The proper form of addressing a person holding the office is addressed Mister or Madam Attorney General, or just as Attorney General. The plural is "Attorneys General" or "Attorneys-General".
Zimbabwe
The Attorney General is the chief legal advisor of the government of Zimbabwe. The office falls under the
Similar offices in non-common law jurisdictions
Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.
Afghanistan
Armenia
Brazil
Crimea
Dominican Republic
Finland
Germany
Hungary
Iceland
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Minister for a period of 5 years and must have the same qualifications required to serve as a Supreme Court justice. The state prosecutor (ríkissaksóknari) represents the state in criminal trials and is appointed by the Minister of Justice for an indefinite period. The Minister of Justice oversees the judiciary, prosecution, policing, prison system et al.
Indonesia
Italy
Japan
Mexico
Netherlands
In the Netherlands, there are two types of attorneys-general, that are only historically related.
The first type of attorney-general ("advocaat-generaal" in Dutch) is the public prosecutor in criminal cases at appellate courts.
The second type of attorney-general ("procureur-generaal", while their replacements are called "advocaat-generaal") is an independent advisor to the Supreme Court. These people give an opinion on cases (called "conclusies") in any field of law (not just criminal law), supported by a scientific staff. The Supreme Court may either follow or reject the opinion of the attorney-general (which is published together with the eventual decision). In a way, an attorney-general acts as yet another judge, but in the Dutch system that does not allow dissenting opinions to be published, it is the only way to reflect different perceptions on a case. The Procureur-Generaal also prosecutes members of parliament in the case of misfeance.[20]
Dutch attorneys-general do not normally advise the government.[citation needed]
Norway
Russia
Serbia
Soviet Union
Spain
Vietnam
See also
References
Citations
- ^ "Meaning of attorney general in English - Cambridge Dictionary". www.dictionary.cambridge.org.
- ^ Used more frequently in American jurisdictions. Collin's Dictionary
- ^ ISBN 0-465-07269-0. Retrieved 14 May 2017.
- ^ "U.S. Attorneys Generals Protest Trump's Ban: Liberty Is Bedrock of Our Country". Haaretz. Haaretz.com. Retrieved 14 May 2017.
- ^ "Former Attorneys Generals at Work". The New York Times. 18 December 2014. Retrieved 14 May 2017.
- ^ Office of the Attorney General Archived October 24, 2015, at the Wayback Machine (Fiji), official website.
- ^ "Role of the Attorney-General" Archived 2008-01-01 at the Wayback Machine, Fiji Times, January 6, 2008.
- ^ "New Attorney General Of India Is Senior Advocate R Venkataramani". NDTV. India News. Retrieved 29 December 2022.
- The Jamaica Observer. Retrieved 22 March 2016.
- ^ "The Attorney General". The Statelaw Office and Department of Justice. Retrieved 2021-05-12.
- ^ "Kiribati appoints first female Attorney-General". September 30, 2016 – via PressReader.
- ^ "Office Of The Attorney General". Archived from the original on 2013-09-19. Retrieved 4 July 2015.
- ^ a b Briefing Paper for the Attorney-General (Crown Law Office, October 2017) at 3.
- ^ "Main". 7 February 2011. Archived from the original on 7 February 2011. Retrieved 24 January 2017.
- ^ "Welcome to the Department of Justice - Republic of the Philippines | Tel: (+632) 523 8481, (+632) 523 6826". Doj.gov.ph. Archived from the original on 2012-03-10. Retrieved 2012-05-04.
- ^ "Sudan appoints its first woman Chief Justice". Radio Dabanga. 2019-10-10. Archived from the original on 2019-10-10. Retrieved 2019-10-10.
- ^ "Minister of Justice and Attorney General resigns" Archived May 27, 2011, at the Wayback Machine, Matangi Tonga, June 1, 2009
- ^ "Tonga's new Attorney General" Archived 2011-05-27 at the Wayback Machine, Matangi Tonga, June 2, 2009
- ^ "Attorney General of the Kingdom of Tonga", Tongan government website, March 11, 2009
- ^ "wetten.nl - Regeling - Wet op de rechterlijke organisatie - BWBR0001830". wetten.overheid.nl. Retrieved 2017-01-11.
Sources
- Barzilai, Gad; Nachmias, David (1997). The Attorney General: Authority and Responsibility. Principles, Institutions in Comparative Perspective, Analysis and Recommendations for Reforms. Vol. 6. Jerusalem: Israel Institute for Democracy.
- Barzilai, Gad (2010). The Attorney General and the State Prosecutor: Is Institutional Separation Warranted?. Jerusalem: Israel Institute for Democracy.
External links
- Quotations related to Attorney general at Wikiquote