In most
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
. The plural is attorneys general.
In some jurisdictions, attorneys general also have executive responsibility for
law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term en ...
, 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
United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
or the
Attorney-General for Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Aust ...
, and the respective
attorneys general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
of the states in each country), the ministerial portfolio is largely equivalent to that of a
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
in some other countries.
The term was originally used to refer to any person who holds a general
power of attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...
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.
Civil law jurisdictions 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
In regard to the
etymology
Etymology ()The New Oxford Dictionary of English (1998) – p. 633 "Etymology /ˌɛtɪˈmɒlədʒi/ the study of the class in words and the way their meanings have changed throughout time". is the study of the history of the Phonological chan ...
of the phrase ''Attorney General'',
Steven Pinker
Steven Arthur Pinker (born September 18, 1954) is a Canadian-American cognitive psychologist, psycholinguist, popular science author, and public intellectual. He is an advocate of evolutionary psychology and the computational theory of mind.
P ...
writes that the earliest citation in the
Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a com ...
is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents).
The phrase was borrowed from
Anglo-Norman French
Anglo-Norman, also known as Anglo-Norman French ( nrf, Anglo-Normaund) ( French: ), was a dialect of Old Norman French that was used in England and, to a lesser extent, elsewhere in Great Britain and Ireland during the Anglo-Norman period.
When ...
when England was ruled by
Normans
The Normans (Norman language, Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were a population arising in the medieval Duchy of Normandy from the intermingling between Norsemen, Norse Viking settlers and indigenous West Fran ...
after the
conquest of England
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, Duchy of Brittany, Breton, County of Flanders, Flemish, and Kingdom of France, French troops, ...
in 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 got introduced into English. The phrase ''attorney general'' is composed of a noun followed by the
postpositive adjective
A postpositive adjective or postnominal adjective is an adjective that is placed after the noun or pronoun that it modifies, as in noun phrases such as ''attorney general'', ''queen regnant'', or ''all matters financial''. This contrasts with prepo ...
''general'' and as other
French compounds its plural form also appears as ''"attorneys generals"''.
As compared to ''
major general
Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...
s,'' 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 saying ''attorney-generals,'' ''mother-in-laws'', ''passerbys'' ... you can reply, 'They are the very model of the modern ''major general" (a reference to the
Major-General's Song
"I Am the Very Model of a Modern Major-General" (often referred to as the "Major-General's Song" or "Modern Major-General's Song") is a patter song from Gilbert and Sullivan's 1879 comic opera ''The Pirates of Penzance''. It has been called the ...
, from the operetta ''
The Pirates of Penzance
''The Pirates of Penzance; or, The Slave of Duty'' is a comic opera in two acts, with music by Arthur Sullivan and libretto by W. S. Gilbert, W. S. Gilbert. Its official premiere was at the Fifth Avenue Theatre in New York City on 31 ...
'').
The modern title of
major general
Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...
is 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 therefor should not be referred to as “general”.
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
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, the
attorney-general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
is the chief law officer of
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
and a member of the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
. The Attorney-General is the minister responsible for legal affairs, national and public security, and the
Australian Security Intelligence Organisation
The Australian Security Intelligence Organisation (ASIO ) is Australia's national security agency responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically motivated vio ...
.
Mark Dreyfus
Mark Alfred Dreyfus (born 3 October 1956) is an Australian politician and lawyer who has been attorney-general of Australia and cabinet secretary since June 2022, having held both roles previously in 2013 and from 2010 to 2013 respectively. ...
is the current Attorney-General. The Australian states each have separate
attorneys-general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
, 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 the
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
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 ''
'' 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
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
see:
*
Attorney-General of the Australian Capital Territory
The Attorney-General of the Australian Capital Territory, in formal contexts also Attorney-General or Attorney General for the Australian Capital Territory, is the primary Law Officer of the Crown in the Australian Capital Territory. The Attorn ...
*