Attorney general
In mostcommon lawjurisdictions, theattorney general(pl.:attorneys general)[1]orattorney-general(AGorAtty.-Gen[2]) is the main legal advisor to thegovernment.In some jurisdictions, attorneys general also have executive responsibility forlaw 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 theUnited States Attorney Generalor theAttorney-General for Australia,and the respectiveattorneys generalof the states in each country), the ministerial portfolio is largely equivalent to that of aMinister of Justicein some other countries.
The term was originally used to refer to any person who holds a generalpower of attorneyto 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.
Civil lawjurisdictions have similar offices, which may be variously called "public prosecutor general", "procurators", "advocates general","public attorneys ", and other titles. Many of these offices also use" attorney general "or" attorney-general "as the English translation of the title, although because of different historical provenance, the nature of such offices is usually different from that of attorneys-general in common law jurisdictions.
Etymology[edit]
In regard to theetymologyof the phraseAttorney General,Steven Pinkerwrites that the earliest citation in theOxford English Dictionaryis from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents).[3]The phrase was borrowed fromAnglo-Norman Frenchwhen England was ruled byNormansafter theconquest of Englandin the 11th-century. As a variety of French, which was spoken in the law courts, schools, universities and in sections of the gentry and the bourgeoisie, the term relating to government was introduced into English. The phraseattorney generalis composed of a noun followed by thepostpositive adjectivegeneraland as otherFrench compoundsits plural form also appears as"attorneys generals".[4][5]As compared tomajor generals,a term that also originates from French ( "major-général") and also has a postpositive adjective, it also appears incorrectly as"attorney generals".While Steven Pinker writes: "So if you are ever challenged for sayingattorney-generals,mother-in-laws,passerbys... you can reply, 'They are the very model of the modernmajor general'"(a reference to theMajor-General's Song,from the operettaThe Pirates of Penzance).[3]The modern title ofmajor generalis a military rank in which the word "general" is not used as an adjective but as a noun, which can be pluralized. In modern public discourse, attorneys general are often referred to or addressed as “general”. In this construction, the word “general” is an adjective, and its use as a noun is incorrect. Attorneys general are not military officers, have no rank, and therefore should not be referred to as “general”.
Attorneys-general in common law and hybrid jurisdictions[edit]
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[edit]
InAustralia,theattorney-generalis the chief law officer ofthe Crownand a member of theCabinet.The Attorney-General is the minister responsible for legal affairs, national and public security, and theAustralian Security Intelligence Organisation.Mark Dreyfusis the current Attorney-General. The Australian states each have separateattorneys-general,who are state ministers with similar responsibilities to the federal minister with respect to state law.
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 theDirector of Public Prosecutionsand 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 anolle prosequiwith 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 variousstates and territories of Australiasee:
- 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[edit]
Barbados[edit]
British Virgin Islands[edit]
Canada[edit]
TheAttorney General of Canada(French:Procureur général du Canada) is a separate title held by theCanadian Minister of Justice(Ministre de la Justice), a member of theCabinet.The Minister of Justice is concerned with questions of policy and their relationship to the justice system. In their role as attorney general, they are the chieflaw officer of the Crown.
A separate cabinet position, theMinister of Public Safety(Ministre de la Sécurité publique), formerly the "Solicitor General", administers the law enforcement agencies (police, prisons, and security) of the federal government.
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[edit]
The Attorney General of the Republic is an independent official of theRepublic 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[edit]
InFiji,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 isAiyaz 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 theFiji Timespointed 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[edit]
Hong Kong[edit]
The Secretary for Justice, known as the attorney-general before thehandover of Hong Kongin 1997, is the legal adviser to theHong Kong Governmentand heads theDepartment of Justice.They are assisted by five law officers, namely:
- theSolicitor Generalwho heads the Legal Policy Division,
- theDirector of Public Prosecutionswho head theProsecutions Division,
- theLaw Officer (Civil Law)who heads the Civil Law Division,
- theLaw Officer (International Law)who heads the International Law Division, and
- theLaw 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 theChinese governmenton the advice of theChief Executive of Hong Kong,is anex officiomember of theExecutive Council of Hong Kong.The position is normally held by alegal professional,and was, before July 2002, a civil service position.
India[edit]
TheAttorney General for Indiais theIndian government's chief legal advisor, and is its principal Advocate before theSupreme Court of India.They are appointed by thePresident of Indiaon the advice of theUnion Cabinetunder Article 76(1) of theConstitutionand hold office during the pleasure of the President. The current Attorney General for India isR. Venkataramani.[8]
Ireland[edit]
The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices.
TheAttorney General of Irelandis 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
- TheChief 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 isRossa Fanning,SC.
Isle of Man[edit]
In theIsle of Man,theAttorney Generalis a Crown appointment (appointed by the UK government) and sits in theLegislative Council of the Isle of Man,'ex officio'.
Israel[edit]
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[edit]
This is a position which existed in Jamaica for a long time.
The Hon.Marlene Malahoo Forte,QC, MP is the newAttorney General of Jamaicaas of March 7, 2016.[9]
Kenya[edit]
InKenyatheAttorney Generalis the Principal Legal Adviser to the Government andex officioMember of ParliamentandCabinet.His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the attorney general in the performance of his duties as principal legal adviser to the government are:
- 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
TheHon. Justice (Rtd) Paul Kihara Kariukiis the currentAttorney-General of Kenyaas of April 2018.[10]
Kiribati[edit]
InKiribati,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[edit]
Malaysia[edit]
InMalaysiathe attorney-general orPeguam Negara(as he is referred to inBahasa 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[edit]
Mauritius[edit]
InMauritius,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[edit]
Nepal[edit]
InNepal,the attorney general is the chief legal adviser of theGovernment of Nepalas well as its chief public prosecutor. An Attorney General is appointed by thePresidenton recommendation of thePrime Minister. The Attorney General's Office is a constitutional body under theConstitution 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 theSupreme Court.[12]
New Zealand[edit]
InNew Zealand,theattorney-generalis the chief law officer and primary legal advisor of the New Zealand government.[13]The Attorney-General is the Minister responsible for the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office.[13]Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member ofParliament.The Attorney-General attendsCabinet,but the post is not the same as theMinister of Justice.By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former attorneys-general have not been lawyers, most recently DrMichael Cullenwho held the post in 2005, and again from 2006.
Pakistan[edit]
The Attorney-General of Pakistan is thelegaladviser to the government of thePakistanand itspublic prosecutor.
Philippines[edit]
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 thePhilippine Government.The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts.[14]It is an independent and autonomous office attached to theDepartment of Justicefor budgetary purposes.[15]
Samoa[edit]
InSamoa,the attorney general is the legal adviser to the government. Since 2016, the current[update]attorney general isLemalu Hermann Retzlaff(whose father Misa Telefoni Retzlaff also served as attorney general from 1986 to 1988)
Singapore[edit]
The Attorney-General of Singapore is thelegaladviser to the government of theRepublic of Singaporeand itspublic prosecutor.The current Attorney-General is Lucien Wong.
Sri Lanka[edit]
Theattorney-general of Sri Lankais the chief legal adviser of the Government of Sri Lanka and head of the attorney-general department which is thepublic prosecutor.
Sudan[edit]
As of 10 October 2019[update],theAttorney General of SudanisTag el-Sir el-Hibir.[16]
Tonga[edit]
The office of Attorney General was established inTongain 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[edit]
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[edit]
England and Wales[edit]
Theattorney general for England and Walesis similarly the chief law officer of the Crown in England and Wales, and advises and represents the Crown and government departments in court. In practice, theTreasury Solicitor(who also has the title of Procurator General) normally provides the lawyers or briefs Treasury Counsel to appear in court, although the attorney general may appear in person. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments.
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 theCrown Prosecution Service,headed by theDirector 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 theSolicitor General for England and Wales.
Under theGovernment of Wales Act 2006,theCounsel Generalis the chief legal adviser to theWelsh Government.
Northern Ireland[edit]
Since the prorogation of theParliament of Northern Irelandin 1972, theAttorney General for England and Waleswas also Attorney General for Northern Ireland. The separate office ofAttorney General for Northern Irelandwas re-created alongside the new office ofAdvocate General for Northern Irelandupon the devolution of policing and justice powers to theNorthern Ireland Assemblyin 2010.
Scotland[edit]
Historically, theLord Advocatewas the equivalent for Scotland of the attorney general for England and Wales, being a legal advisor to the King of Scotland. After theActs 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 theScottish Government,while theUnited KingdomGovernment is advised onScots lawby theAdvocate General for Scotland,a position created in 1999.
The Lord Advocate is assisted by theSolicitor 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[edit]
The Attorney General of theDuchy of Cornwallis the chief legal adviser to thePrince of Wales,and there is a separate Attorney General for theDuchy of Lancaster,an appointment that is held by the Crown.
United States[edit]
In thefederal government of the United States,theAttorney Generalis a member of theCabinetand, as head of theDepartment of Justice,is the top law enforcement officer and lawyer for the government. The Attorney General may need to be distinguished from theSolicitor General,a high Justice Department official with the responsibility of representing the government before theSupreme Court.In cases of exceptional importance, however, the attorney general may choose personally to represent the government to the Supreme Court.
The individualU.S. statesand territories, as well as the federal district ofWashington, D.C.also haveattorneys generalwith similar responsibilities. The majority of state attorneys general are chosen by popular election, as opposed to the U.S. Attorney General, who is a presidential appointee confirmed by the Senate.
In nearly all United States jurisdictions, the attorney general is that jurisdiction's chief law enforcement officer; as such, an attorney general may also be considered a police rank. The proper way to address a person holding the office is Mister or Madam Attorney General, or just as Attorney General. The plural is "Attorneys General" or "Attorneys-General".
Zimbabwe[edit]
The Attorney General is the chief legal advisor of the government of Zimbabwe. The office falls under theMinistry of Justice and Legal Affairs.
Similar offices in non-common law jurisdictions[edit]
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[edit]
Armenia[edit]
Brazil[edit]
Crimea[edit]
Dominican Republic[edit]
Finland[edit]
Germany[edit]
Hungary[edit]
Iceland[edit]
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by thePrime Ministerfor 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 theMinister of Justicefor an indefinite period. The Minister of Justice oversees the judiciary, prosecution, policing, prison system et al.
Indonesia[edit]
Italy[edit]
Japan[edit]
Mexico[edit]
Netherlands[edit]
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 donotnormally advise the government.[citation needed]
Norway[edit]
Russia[edit]
Serbia[edit]
Soviet Union[edit]
Spain[edit]
Vietnam[edit]
See also[edit]
References[edit]
Citations[edit]
- ^"Meaning of attorney general in English - Cambridge Dictionary".www.dictionary.cambridge.org.
- ^Used more frequently in American jurisdictions.Collin's Dictionary
- ^abPinker, Steven (1999).Words and Rules: The Ingredients of Language(1st ed.). New York, NY: Basic Books. pp. 25, 28.ISBN0-465-07269-0.Retrieved14 May2017.
- ^"U.S. Attorneys Generals Protest Trump's Ban: Liberty Is Bedrock of Our Country".Haaretz.Haaretz.com.Retrieved14 May2017.
- ^"Former Attorneys Generals at Work".The New York Times.18 December 2014.Retrieved14 May2017.
- ^Office of the Attorney GeneralArchivedOctober 24, 2015, at theWayback Machine(Fiji), official website.
- ^"Role of the Attorney-General"Archived2008-01-01 at theWayback Machine,Fiji Times,January 6, 2008.
- ^"New Attorney General Of India Is Senior Advocate R Venkataramani".NDTV. India News.Retrieved29 December2022.
- ^Carter, Jediael (9 March 2016)."Women welcome appointment to executive".The Jamaica Observer.Retrieved22 March2016.
- ^"The Attorney General".The Statelaw Office and Department of Justice.Retrieved2021-05-12.
- ^"Kiribati appoints first female Attorney-General".September 30, 2016 – via PressReader.
- ^"Office Of The Attorney General".Archived fromthe originalon 2013-09-19.Retrieved4 July2015.
- ^abBriefing Paper for the Attorney-General(Crown Law Office, October 2017) at 3.
- ^"Main".7 February 2011. Archived fromthe originalon 7 February 2011.Retrieved24 January2017.
- ^"Welcome to the Department of Justice - Republic of the Philippines | Tel: (+632) 523 8481, (+632) 523 6826".Doj.gov.ph. Archived fromthe originalon 2012-03-10.Retrieved2012-05-04.
- ^"Sudan appoints its first woman Chief Justice".Radio Dabanga.2019-10-10.Archivedfrom the original on 2019-10-10.Retrieved2019-10-10.
- ^"Minister of Justice and Attorney General resigns"ArchivedMay 27, 2011, at theWayback Machine,Matangi Tonga, June 1, 2009
- ^"Tonga's new Attorney General"Archived2011-05-27 at theWayback 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.Retrieved2017-01-11.
Sources[edit]
- 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[edit]
Quotations related toAttorney generalat Wikiquote
| National | |
|---|---|
| Other | |
