Advocate General

Last updated March 06, 2019

An advocate general is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to attorneys general in other common law and hybrid jurisdictions. By contrast, in the European Union and some continental European jurisdictions, the officer is a neutral legal advisor to the courts.

The European Union (EU) is a political and economic union of 28 member states that are located primarily in Europe. It has an area of 4,475,757 km² (1,728,099 sq mi) and an estimated population of about 513 million. The EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within the internal market, enact legislation in justice and home affairs and maintain common policies on trade, agriculture, fisheries and regional development. For travel within the Schengen Area, passport controls have been abolished. A monetary union was established in 1999 and came into full force in 2002 and is composed of 19 EU member states which use the euro currency.

India

In India, an advocate general is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the federal or central or union government level. The Governor of each state shall appoint a person who is qualified to be appointed judges of highcourt.

India, also known as the Republic of India, is a country in South Asia. It is the seventh largest country by area and with more than 1.3 billion people, it is the second most populous country and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the northeast; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives, while its Andaman and Nicobar Islands share a maritime border with Thailand and Indonesia.

The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth. B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect.

The Attorney General for India is the Indian government's chief legal advisor, and is primary lawyer in the Supreme Court of India. He can be said to be the lawyer from government's side. He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court

Pakistan

In Pakistan an advocate general of the Province of the Punjab is a constitutional post and is an authority duly appointed under Article 140 of the Constitution of Islamic Republic of Pakistan. A person who is qualified to be appointed as a Judge of the High Court is appointed as the Advocate General for the province. He is the principal law officer of the Province.

The Advocate General and his office defends and protects the interest of the provincial government and gives invaluable legal guidance to the provincial government in formulation of its policy and execution of its decision.Advocate-General of the Punjab is also Ex Officio Chairman of Punjab Bar Council.

The office of the Advocate General is directly connected with the High Court of the province. Pre-independence (1947) the High Court of judicature for the premises of Punjab and Delhi was established at Lahore and was called the High Court of Judicature at Lahore. After independence of Pakistan, the High Court at Lahore ceased to have jurisdiction over Delhi and the then East Punjab. On 14 August 1947 the High Court (Lahore) Order, 1947, preserved the continuance of the High Court at Lahore with all rights, powers and privileges as hitherto enjoyed and possessed by it before the appointed day. The Governor-General of the Dominion of Pakistan became the substitute of the Crown in matters of appointment etc. of Judges of the Lahore High Court.

UK

England and Wales

The concept of "advocate general" fits less comfortably into a common law system than a civil law system; and England, the archetypal common law jurisdiction, has no such officer, nor is there any equivalent person to address and advise any court.

However, England does have an Attorney General, who serves one of the Law Officers of the Crown and whose duty is to advise the Crown and Cabinet on the law. His deputy is the Solicitor General, who serves the same function.

Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General (A.G), is one of the Law Officers of the Crown. The Attorney General serves as the chief legal adviser to the Crown and the Government in England and Wales, and though they maintain their own office, they are still subordinate to the Cabinet-level Secretary of State for Justice. The Solicitor General for England and Wales serves as the next in command and is subordinate to the Attorney General.

The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions. Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service.

Scotland

Historically, the United Kingdom Government was advised on matters of Scots Law by the Lord Advocate but following the Scotland Act 1998 and the establishment of the Scottish Parliament the Lord Advocate became a member of the Scottish Executive.

Her Majesty's Advocate, known as the Lord Advocate, is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. He or she is the chief public prosecutor for Scotland and all prosecutions on indictment are conducted by the Crown Office and Procurator Fiscal Service, nominally in the Lord Advocate's name.

The Scotland Act 1998(c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government. It was one of the most significant constitutional pieces of UK legislation to be passed since the European Communities Act 1972 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland.

The Scottish Parliament is the devolved unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood.

It was necessary to create a post to advise the British Government in Westminster. Thus, the new post of Advocate General for Scotland was created. The Advocate General's role differs from that formerly held by the Lord Advocate in that they are only charged with advising the UK Government on matters pertaining to Scots law, the Lord Advocate having retained his responsibility as the chief public prosecutor in Scotland and head of the Crown Office and Procurator Fiscal Service on his transfer to the Scottish Executive.

Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and Government of the United Kingdom on Scots law. The Office of the Advocate General for Scotland is a ministerial department of the United Kingdom government. The position is currently held by The Lord Keen of Elie QC, who is the first Conservative Advocate General.

Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.

The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.

Northern Ireland

The position of Advocate General for Northern Ireland was created following the devolution of policing and justice powers to the Northern Ireland Assembly on 12 April 2010. The Attorney General for Northern Ireland reports to the Northern Ireland Executive, and, accordingly, the Advocate General advises the UK Government on matters of Northern Ireland law. The post is held by the Attorney General for England and Wales by virtue of office.^[1]

The Advocate General for Northern Ireland is the chief legal adviser to the British Government on Northern Ireland law and the post is held by the Attorney General for England and Wales by virtue of that office. The Advocate General and the Solicitor General for England and Wales have, in Northern Ireland, the same rights of audience as members of the Bar of Northern Ireland.

Northern Ireland Assembly legislature of Northern Ireland

The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive. It sits at Parliament Buildings at Stormont in Belfast. The Assembly is currently in a period of suspension, after it collapsed in January 2017 due to policy disagreements within the leadership and the resignation of Martin McGuinness following the RHI Scandal. Subsequent discussions to restore the Assembly have been unsuccessful.

The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly. The Attorney General for Northern Ireland is also responsible for appointing the Director and Deputy Director of the Public Prosecution Service for Northern Ireland.

Other European jurisdictions

The position of Advocate General is well established in the French, Dutch, and some other continental European legal systems, where higher courts are assisted by these legal officers. They are not advocates representing clients in courts. They are not judges either, although they are full members of the courts. They mainly offer legal advice to judges on the cases being tried. They may also have a prosecution role, depending on countries and on the nature of cases (criminal or civil).

The position of Advocate General (avocat général) already existed in the French legal system before the French Revolution, when they were found in the then higher courts ( parlements , cours des aides , etc.) and proposed legal solutions to the judges in cases involving the State, the Church, the general public, communities, or minors. Since the French Revolution, they are found in the Supreme Court, the Court of Audit, the Courts of Appeal, and the Assize Courts. They have more of a prosecution role than before the French Revolution, especially in the Assize Courts, in which people accused of felonies are tried.

European Union

The Court of Justice of the European Union (CJEU) has one judge from each Member State, assisted by eleven Advocates General whose role is to consider the written and oral submissions to the Court in every case that raises a new point of law, and deliver an impartial opinion to the Court on the legal solution. Although Advocates General are full members of the court, they do not take part in the court's deliberations, and the Advocate General’s opinion is not binding on the Court. Although the Court reaches the same solution as the Advocate General more often than not, it cannot usually be stated that the Advocate General's opinion has been 'followed' in any given case, because the Court may have reached the same conclusion via different legal reasoning. The role of Advocate General is created by Article 19(2) of the Treaty on European Union and Articles 253 and 254 of the Treaty on the Functioning of the European Union.

Benelux Court of Justice

When the Benelux Court of Justice answers requests for a preliminary ruling, it also first considers the advice of an Advocate General. The court has three, one from each participating country (Netherlands, Belgium, Luxembourg) and taken from the procureurs-general of the country.

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References

↑ Attorney General's Office: Statement on Northern Ireland devolution, 12 April 2010 Archived July 5, 2011, at the Wayback Machine .

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[1] Attorney General's Office: Statement on Northern Ireland devolution, 12 April 2010 Archived July 5, 2011, at the Wayback Machine .