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9 Cards in this Set
- Front
- Back
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Overview
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Adviser to the government in matters of law and legal opinion
Appointed by President on nomination of Taoiseach - not in government Macauley 1966 no longer need fiat of AG to sue a Minister Prosecution Role All (other than summary jurisdiction) at suit of DPP (for AG) Genocide, Geneva Conventions, Official Secrets- AG Appeals from Court Criminal App and reference to Supreme Court on point of law – DPP & AG |
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Extradition - Quasi Judicial
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Endorse warrants for extradition to Britain-clear intention to prosecute on sufficient evidence
Wheeler v Culligan (1989) not a judicial power as not considering a dispute or controversy Ryan affair (late 80’s)– AG refused to execute warrant on basis of deprivation of right to fair trial and prejudicial comments by politicians – ultra vires? |
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Wheeler v Culligan (1989)
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Not a judicial power as not considering a dispute or controversy
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Independence
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Taoiseach can request resignation of AG, and if AG refuses, President can terminate (Art.30.5.3)
Indicates may take position different from government (Independence) Resigns once new AG appointed under new Taoiseach (Lack of independence) Required to act independently of the government in suing to defend the unborn (AG v X [1992]) (Independence) |
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AG (SPUC) v Open Door Counselling (1988)
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Guardian of Constitution “public interests are committed to the care of the AG”: can sue to restrain unlawful act, vindicate constitutional right, prevent corruption public morals.
Traditional function of AG to represent executive and public at large |
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SPUC v Coogan (1989)
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Duty of defending the Constitution and vindicating Constitutional rights
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Public Rights
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Campus Oil (No.2) (1983) – defying a statutory order made in public interest- appropriate person to defend public interest is AG
Crotty (1987) and SPUC v Coogan (1989) people can ALSO sue in public interest thus role defunct? See locus standi (c.8) |
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Relator Actions
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Brought into proceedings to cure locus standi (no individual harm) consent given to issue proceedings in name of AG (person = relator)
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Law Society v Carroll [1995]
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Only AG can sue to uphold a public right
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