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 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, 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 ...
*
Attorney-General of New South Wales
The Attorney General of New South Wales, in formal contexts also Attorney-General or Attorney General for New South Wales and usually known simply as the Attorney General, is a minister in the Government of New South Wales who has responsibili ...
*
Attorney-General of the Northern Territory
The Attorney-General of the Northern Territory, in formal contexts also Attorney-General or Attorney General for the Northern Territory, is the primary Law Officers of the Crown, Law Officer of the Crown in the Northern Territory. The Attorney ...
*
Attorney-General of Queensland
The Attorney-General of Queensland is a ministry of the Government of Queensland with responsibility for the state's legal and justice system.
The current Attorney-General of Queensland is Shannon Fentiman.
List of attorneys-general of Queens ...
*
Attorney-General of South Australia
The attorney-general of South Australia is the Cabinet minister in the Government of South Australia who is responsible for that state's system of law and justice. The attorney-general must be a qualified legal practitioner, although this wa ...
*
Attorney-General of Tasmania
The Attorney-General of Tasmania is a ministry of the Government of Tasmania with responsibility for the state's courts and tribunals. The Attorney General is a senior minister in the state government and the First Law Officer of the State.
T ...
*
Attorney-General of Victoria
The Attorney-General of Victoria, in formal contexts also Attorney-General or Attorney General for Victoria, is a minister in the Government of Victoria, Australia. The Attorney-General is a senior minister in the state government and the Firs ...
*
Attorney-General of Western Australia
The Attorney-General of Western Australia is the member of the Government of Western Australia responsible for maintenance and improvement of Western Australia's system of law and justice. Before the advent of representative government in 187 ...
Bangladesh
Barbados
British Virgin Islands
Canada
The
Attorney General of Canada
The asterisk ( ), from Late Latin , from Ancient Greek , ''asteriskos'', "little star", is a typographical symbol. It is so called because it resembles a conventional image of a heraldic star.
Computer scientists and mathematicians often voc ...
(french: Procureur général du Canada) is a separate title held by the
Canadian Minister of Justice ('), 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 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 chief
law officer of the Crown.
A separate cabinet position, the
Minister of Public Safety
The minister of public safety (french: ministre de la sécurité publique) is the minister of the Crown in the Canadian Cabinet responsible for overseeing Public Safety Canada, the internal security department of the Government of Canada. The ...
(), 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
The attorney general of British Columbia (AG) oversees the Ministry of Attorney General, a provincial government department responsible for the oversight of the justice system, within the province of British Columbia, Canada. The attorney general ...
*
Minister of Justice and Attorney General (Manitoba)
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*
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
The Attorney General of Ontario is the chief legal adviser to His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario (the cabinet) and ...
*
Minister of Justice and Public Safety and Attorney General of Prince Edward Island
*
Ministry of Justice (Quebec) The Ministry of Justice (french: Ministère de la Justice, link=no) is responsible for the administration of courts and prosecutors in Quebec, Canada. The Minister is automatically the Attorney General, and Registrar of Quebec.
The Ministry of Jus ...
(also as attorney general)
*
Minister of Justice and Attorney General of Saskatchewan
*
Minister of Justice (Yukon)
Fiji
In
Fiji
Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists ...
, 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".
The current Attorney General is
Aiyaz Sayed-Khaiyum
Aiyaz Sayed-Khaiyum (born 24 September 1965) is an Indo-Fijian politician and a cabinet minister. He is the Fijian attorney general and the Minister for Economy, Civil Service and Communications, and also serves the minister responsible for ...
. 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
''The Fiji Times'' is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869 by George Littleton Griffiths, it is Fiji's oldest newspaper still operating.
''The Fiji Times'' is owned by Motibhai G ...
'' 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.
Grenada
Hong Kong
The Secretary for Justice, known as the attorney-general before the
Transfer of the Sovereignty in 1997, is the legal adviser to the
Hong Kong Government
The Government of the Hong Kong Special Administrative Region, commonly known as the Hong Kong Government or HKSAR Government, refers to the Executive (government), executive authorities of Hong Kong Special administrative regions of China, ...
and heads the
Department 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 ...
. They are assisted by five law officers, namely:
* the
Solicitor General who heads the Legal Policy Division,
* 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 ...
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 Draftsman who 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
Chinese government
The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, mili ...
on the advice of the
Chief Executive of Hong Kong
The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of ...
, is an ''ex officio'' member of the
Executive Council of Hong Kong
The Executive Council of Hong Kong (ExCo) is the cabinet of the Government of Hong Kong, acting as a formal body of advisers to the Chief Executive of Hong Kong that serves as a core policy-making organ assisting the Chief Executive. It is ...
. The position is normally held by a
legal professional, and was, before July 2002, a civil service position.
India
The Attorney General for India is the
Indian government
The Government of India (ISO 15919, ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the Government, national government of the Republic of India, a federal democracy lo ...
's chief legal advisor, and is its principal Advocate before the
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
. They are appointed by the
President of India
The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murmu ...
on the advice of the
Union Cabinet
The Union Council of Ministers Article 58 of the ''Constitution of India'' is the principal executive organ of the Government of India, which is responsible for being the senior decision making body of the executive branch. It is chaired by t ...
under Article 76(1) of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
and hold office during the pleasure of the President. The current Attorney General for India is
K.K. Venugopal.
Ireland
The
Attorney General of Ireland
The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...
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
Paul Gallagher,
SC.
Isle of Man
In the
Isle of Man
)
, anthem = "O Land of Our Birth"
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, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
, 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 a Crown appointment (appointed by the UK government) and sits in the
Legislative Council of the Isle of Man
The Legislative Council ( gv, Yn Choonceil Slattyssagh) is the upper chamber of Tynwald, the legislature of the Isle of Man. The abbreviation "LegCo" is often used.
It consists of eleven members (MLCs):
* Eight members elected by the House of ...
, '
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'.
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.
The Hon. Marlene Malahoo Forte
Marlene Patricia Malahoo Forte is a Jamaican politician. She currently serves as Jamaica's Minister of Legal and Constitutional Affairs and was the Attorney General of Jamaica from 7 March 2016 to 10 January 2022. She served as a Senator for ...
, QC, MP is the new
Attorney General of Jamaica
Attorney General of Jamaica is the chief law officer in Jamaica.
Section 79(1) of the Constitution of Jamaica states that "there shall be an Attorney General who shall be the principal legal adviser to the Government of Jamaica" and pursuant to ...
as of March 7, 2016.
Kenya
In
Kenya
)
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, ...
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 Principal Legal Adviser to the Government and ''ex officio''
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
and
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 ...
. 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
The
Hon. Justice (Rtd) Paul Kihara Kariuki is the current
Attorney-General of Kenya as of April 2018.
Kiribati
In
Kiribati
Kiribati (), officially the Republic of Kiribati ( gil, ibaberikiKiribati),[Kiribati]
''The Wor ...
, 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.
Leeward Islands
Malaysia
In
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
the attorney-general or ''Peguam Negara'' (as he is referred to in
Bahasa Melayu
Malay (; ms, Bahasa Melayu, links=no, Jawi: , Rencong: ) is an Austronesian language that is an official language of Brunei, Indonesia, Malaysia, and Singapore, and that is also spoken in East Timor and parts of the Philippines and T ...
) 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
Mauritius ( ; french: Maurice, link=no ; mfe, label=Mauritian Creole, Moris ), officially the Republic of Mauritius, is an island nation in the Indian Ocean about off the southeast coast of the African continent, east of Madagascar. It incl ...
, 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
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
, the attorney general is the chief legal adviser of the
Government of Nepal
The Government of Nepal ( ne, नेपाल सरकार) is the federal executive authority of Nepal. Prior to the abolition of the Nepali monarchy in 2006 (became republic in 2008), it was officially known as His Majesty's Government.
T ...
as well as its chief public prosecutor. An Attorney General is appointed by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
on recommendation of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
.
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
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.
New Zealand
In
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, 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 and primary legal advisor of the New Zealand government.
[''Briefing Paper for the Attorney-General'' (Crown Law Office, October 2017) at 3.] The Attorney-General is the Minister responsible for the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office.
Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. The Attorney-General attends
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 ...
, but the post is not the same as the
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 ...
. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former attorneys-general have not been lawyers, most recently Dr
Michael Cullen who held the post in 2005, and again from 2006.
Pakistan
The Attorney-General of Pakistan is the
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
adviser to the government of the
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
and its
public prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
.
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
Philippine Government
The Government of the Philippines ( fil, Pamahalaan ng Pilipinas) has three interdependent branches: the legislative, executive, and judicial branches. The Philippines is governed as a unitary state under a presidential representative and d ...
. 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. It is an independent and autonomous office attached to the
Department 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 ...
for budgetary purposes.
Samoa
In
Samoa
Samoa, officially the Independent State of Samoa; sm, Sāmoa, and until 1997 known as Western Samoa, is a Polynesian island country consisting of two main islands (Savai'i and Upolu); two smaller, inhabited islands (Manono Island, Manono an ...
, the attorney general is the legal adviser to the government. Since 2016, the 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
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
adviser to the government of the
Republic of Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borderi ...
and its
public prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
. The current Attorney-General is Lucien Wong.
Sri Lanka
The
attorney-general of Sri Lanka
The Attorney General of Sri Lanka is the Sri Lankan government's chief legal adviser, and its primary lawyer in the Supreme Court of Sri Lanka. The Attorney General is usually a highly respected Senior Advocate, and is appointed by the ruling ...
is the chief legal adviser of the Government of Sri Lanka and head of the attorney-general department which is the
public prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
.
Sudan
, the
Attorney General of Sudan
Attorney may refer to:
* Lawyer
** Attorney at law, in some jurisdictions
* Attorney, one who has power of attorney
* ''The Attorney'', a 2013 South Korean film
See also
* Attorney general, the principal legal officer of (or advisor to) a g ...
is
Tag el-Sir el-Hibir
Tag el-Sir el-Hibir (also: ''Taj'', ''El Sir'', ''Alsir'', ''El Hibir'', ''Alhibir'', born in 1948) is a Sudanese lawyer who became the Attorney-General of Sudan on 10 October 2019 during the 2019 Sudanese transition to democracy.
Childhood and ...
.
Tonga
The office of Attorney General was established in
Tonga
Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in ...
in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".
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
attorney general for England and Wales
His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney ...
is 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, the
Treasury Solicitor
The Government Legal Department (previously called the Treasury Solicitor's Department) is the largest in-house legal organisation in the United Kingdom's Government Legal Service.
The department is headed by the Treasury Solicitor. This office go ...
(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
A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Riots typically involve destruction of property, public or private. The property targete ...
) 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 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 ...
. 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 for Wales, 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 federal government of the United States, the United States Attorney General, Attorney General is a member of the United States Cabinet, Cabinet and, as head of the United States Department of Justice, Department of Justice, is the top law enforcement officer and lawyer for the government. The Attorney General may need to be distinguished from the United States Solicitor General, Solicitor General, a high Justice Department official with the responsibility of representing the government before the United States Supreme Court, Supreme Court. In cases of exceptional importance, however, the attorney general may choose personally to represent the government to the Supreme Court.
The individual U.S. states and territories, as well as the federal district of Washington, D.C. also have State Attorney General, attorneys general with 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 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 Ministry of Justice and Legal Affairs (Zimbabwe), Ministry of Justice and Legal Affairs.
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 () represents the state in civil lawsuits. The state attorney is appointed by the Prime Minister of Iceland, 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 () represents the state in criminal trials and is appointed by the Minister of Justice (Iceland), 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.
Dutch attorneys-general do ''not'' normally advise the government.
Norway
Russia
Serbia
Soviet Union
Spain
Vietnam
See also
* Justice minister
* Public prosecutor general (disambiguation)
* Procurator General (disambiguation)
References
Citations
Sources
*
*
External links
*
{{DEFAULTSORT:Attorney General
Legal professions
Attorneys general,
Scots law formal titles
Law of the United Kingdom
Legal ethics
Prosecution
Law of the United States