In most common law jurisdictions, the attorney general (pl.: attorneys general)^[1] or attorney-general (AG or Atty.-Gen^[2]) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law 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 the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice in some other countries.

The term was originally used to refer to any person who holds a general power of attorney 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 of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is 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 from Anglo-Norman French when England was ruled by Normans 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 was introduced into English. The phrase attorney general is composed of a noun followed by the postpositive adjective general and as other French compounds its plural form also appears as "attorneys generals".^[4][5] As compared to major 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 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, from the operetta The Pirates of Penzance).^[3] The modern title of major general 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 therefore 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, the attorney-general is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Mark Dreyfus 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 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 nolle prosequi 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 see:

• 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

Barbados

British Virgin Islands

Canada

The Attorney General of Canada (French: Procureur général du Canada) is a separate title held by the Canadian Minister of Justice (Ministre de la Justice), a member of the Cabinet. 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 (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)

Zdroj:https://en.wikipedia.org?pojem=Attorney_General
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