Advocate General
Encyclopedia
An Advocate General is a senior law officer of a country or other jurisdiction, usually charged with advising the courts or Government on legal matters.

India

In India, an Advocate General is a legal adviser to a state government. The post is created by the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...

 and corresponds to that of Attorney General of India at the federal or central or union government level.

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.

Advocate General Punjab

Lahore High Court Lahore, Lahore, Pakistan-54000
The 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.

It is the duty of the Advocate General to advise the provincial government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the provincial government and to discharge the functions conferred upon him by or under the Constitution of Islamic Republic of Pakistan or any other law for the time being in force. The Advocate General have the right to speak in, and otherwise take part in the proceedings of, any Committee of the Legislature of which he may be named as Member. But he shall not be entitled to vote. 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 14th 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.

Scotland

Historically, the United Kingdom Government was advised on matters of Scots Law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

 by the Lord Advocate
Lord Advocate
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...

 but following the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

 and the establishment of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

 the Lord Advocate became a member of the Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...

.

It was necessary to create a post to advise the British Government in Westminster. Thus, the new post of Advocate General for Scotland
Advocate General for Scotland
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 UK Government on Scots law...

 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
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

, the Lord Advocate having retained his responsibility as the chief public prosecutor in Scotland and head of the Crown Office and Procurator Fiscal Service
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides 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,...

 on his transfer to the Scottish Executive.

Northern Ireland

The position of Advocate General for Northern Ireland
Advocate General for Northern Ireland
The Advocate General for Northern Ireland is the chief legal adviser to the UK Government on Northern Ireland law and the post is held by the Attorney General for England and Wales by virtue of that office...

 was created following the devolution of policing and justice powers to the Northern Ireland Assembly
Northern Ireland Assembly
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...

 on 12 April 2010. The Attorney General for Northern Ireland
Attorney General for Northern Ireland
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....

 reports to the Northern Ireland Executive
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...

, 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
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...

 by virtue of office.

Other European jurisdictions

The position of Advocate General is well established in the French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, Dutch
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

, 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
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

 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
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...

, when they were found in the then higher courts (parlement
Parlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...

s
, 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
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...

, the Court of Audit, the Courts of Appeal, and the Assize Courts
Cour d'assises
A French cour d'assises or Assize Court is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of major felonies or indictable offences, or crimes in French, and one of the few to be decided by jury trialUnder French law, a crime is any...

. 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.

Advocates General are also part of the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...

 (ECJ), where there are eight of them. The post is created by Article 222 of the Treaty Establishing the European Community (otherwise known as the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...

 or the Treaty on the Functioning of the European Union). They are full members of the court but they are not judges. They are not prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

s either, unlike in the modern French legal system. They do not take part in the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

's deliberations, yet they assist with each case and deliver their opinions on questions. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Advocate General’s opinion, although often in fact followed, is not binding on the Court.

See also

  • Advocate-General of Western Australia
  • Advocate General Jacobs
  • Judge Advocate General (disambiguation)
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