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Who Is the Legal Advisor of the Government

The term was originally used to refer to anyone who has a general power of attorney to represent a client in all matters. In the common law tradition, anyone representing the state, particularly in the area of law enforcement, is such an advocate. Although a Government could appoint an official as a permanent Attorney General, any person who represented the State in the same way could be designated as such in the past, if only for a specific case. Today, however, the term is widely reserved in most jurisdictions as the title of permanently appointed attorney general of the state, sovereign or any other member of the royal family. In Malaysia, the Attorney General, or Peguam Negara (as it is known in Bahasa Malaysia), is the government`s chief legal adviser. He is also the chief prosecutor of the country and is also called the prosecutor. It has the power, which may be exercised at its discretion, to initiate, conduct or discontinue proceedings for a criminal offence, with the exception of proceedings before a Shari`a court, a domestic court or a court martial. The current Attorney General of Malaysia since 2020 is Idris Harun. In accordance with the Constitution of Trinidad and Tobago, the supreme law of the land, the Attorney General is responsible for administering legal affairs in Trinidad and Tobago and legal proceedings are instituted for and against the State: (a) in the case of civil proceedings, on behalf of the Attorney-General; (b) in criminal proceedings, on behalf of the State. The Office of the Chief Legal Counsel (OPLA) is DHS`s largest legal program with more than 1,300 attorneys and nearly 300 assistants from diverse backgrounds and perspectives. Under this Act, OPLA acts as DHS`s exclusive representative in immigration deportation proceedings before the Executive Board for Immigration Review and litigates all deportation cases, including those against criminal non-citizens, terrorists, and human rights violators. In Fiji, the role of the Attorney General is defined as “providing basic legal expertise and support to the government”.

More specific functions include “drafting laws,” “legal aid,” “clemency privilege” (advising the president), “liquor licensing,” and “film censorship.” [5] Dutch attorneys general do not normally advise the government. [ref. needed] In Samoa, the Attorney General is the legal adviser to the Government. Since 2016, the current Attorney General Lemalu is Hermann Retzlaff (whose father Misa Telefoni Retzlaff was also Prosecutor General from 1986 to 1988). The Attorney General advises the Government on constitutional and legal issues arising before or during government meetings, including whether bills are compatible with the provisions of the Constitution, laws and treaties of the European Union, the European Convention on Human Rights or other international treaties to which Ireland is a party. The Attorney-General also advises on whether the State can ratify international treaties and conventions. The Attorney General represents the State in judicial proceedings. On behalf of the Attorney-General, the Deputy Attorney-General in charge of the Legal Aid Service advises the President and all executive authorities.

The Office prepares the legal opinions of the Attorney General and issues its own written and other advice in response to requests from the President`s Adviser, the various executive agencies and other parts of the Ministry of Justice. These requests generally involve particularly complex and important legal issues, or on which two or more organizations disagree. The Office is also responsible for reviewing and advising on the constitutionality of pending legislation. The Legal Adviser heads the Office of the Legal Adviser of the United States Department of State. As such, the Legal Counsel has the rank of Assistant Secretary. [2] [3] In Kenya, the Attorney General is the government`s chief legal adviser and an ex officio member of Parliament and Cabinet. His responsibilities include the formulation of legal policy and the proper administration of the Kenyan legal system, including professional legal training. The Attorney General can assist the Attorney General in carrying out his or her duties as senior legal counsel to the government: In most common law jurisdictions, the Attorney General or Attorney General (sometimes abbreviated as Attorney General) is the government`s principal legal adviser. The plural is attorneys general. [1] In some jurisdictions, Attorneys General also have executive responsibility for law enforcement, law enforcement, or even responsibility for legal affairs generally. In practice, the extent to which the Attorney General personally provides legal advice to the government varies from province or territory to territory and even from a public office holder in the same jurisdiction, often depending on the level and nature of the office-holder`s previous legal experience. The Attorney General is the legal adviser to each ministry and certain public bodies.

The Attorney General is the representative of the public in all legal proceedings aimed at upholding the law and asserting or protecting public rights. The Attorney-General defends the constitutionality of bills submitted to the Supreme Court under article 26 of the Constitution. The Attorney General is an ex officio member of the Council of State, which the President of Ireland may consult in the exercise of certain powers and duties provided for in the Constitution. The Attorney General also has functions related to the Law Reform Commission under the Law Reform Commission Act 1975, with respect to legislative programming as a member of the Legislative Committee chaired by the Chief Government Whip. Under the Coroners Act, 1962, the Attorney General also has the function of ordering a coroner to conduct an inquest if the Attorney General is of the opinion that the circumstances of a person`s death make it desirable to conduct an inquest. The Attorney General also has limited legal functions, such as the Geneva Convention Act 1962. The Minister of Justice, appointed by the Government of China on the advice of the Chief Executive of Hong Kong, is an ex officio member of the Executive Council of Hong Kong. The position is usually held by a lawyer and was a public service position prior to July 2002.

M. Huse leads a team of lawyers who deal with a wide range of legal issues. His office advises the management of the secret service, defends the agency in legal proceedings and advises the agency`s staff on operational, labour and commercial matters. In Nepal, the Attorney General is the chief legal adviser to the Government of Nepal and its Chief Prosecutor. An Attorney General is appointed by the President on the recommendation of the Prime Minister. The Attorney General`s Office is a constitutional body under the Constitution of Nepal (2015). In order for a person to be eligible for the position of Attorney General, he or she must also be qualified for appointment to the Supreme Court. [9] The Minister of Justice, known as the Attorney General before the transfer of sovereignty in 1997, is the legal adviser to the Hong Kong government and heads the Ministry of Justice.

They are assisted by five judicial officers, namely: The Attorneys General and the federal government are responsible, among other things, for administering the selection of individuals for appointment to judicial positions and authorizing prosecutions. Under normal circumstances, the powers of the Attorney General are exercised by the Head of Public Prosecution Service and staff; However, the Attorney General retains formal control, including the power to initiate and terminate public prosecutions and private charges. The criminal law provided for by law stipulates that the prosecution of certain offences requires the individual consent of the Attorney General. This generally applies to offences whose illegality is somewhat controversial in nature or where there is a significant risk that prosecutions of a political nature will be initiated. The Attorney General also generally has the authority to issue certificates that lawfully conclude that certain facts are being found (e.g., that disclosure of certain material in legal proceedings could pose a risk to national security); The facts set out in these certificates must be accepted by the courts and cannot be legally disputed by any party.