This book provides a detailed account of each law officer’s functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy.
In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom.
McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it.
Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland.
1. Introduction
Labelling the Law Officers
Leading Critiques of the Law Officers
Presenting a Fresh Perspective on the Law Officers
Conclusions
2. Conceptualising Law Officers in the UK Constitution
Introduction
The Concept of Constitutional Legitimacy
The Concept of Independence
The Concept of Accountability
The Concept of Trust
Conclusions
3. The Attorney General and Solicitor General for England and Wales
Introduction
Executive Functions
Advisory and Advocacy Functions
Public Interest Functions
Conclusions
4. The Counsel General for Wales
Introduction
Constituting the Counsel General
The Familiar Functions of the Counsel General
Unique and Recently Created Functions of the Counsel General
Conclusions
5. The Lord Advocate, Solicitor General and Advocate General for Scotland
Introduction
The Monarchical Phase
The ‘Predominantly Political’ Phase
The ‘Predominantly Legal’ Phase
The Post-Devolution, Modern-Day Phase
Conclusions
6. The Attorney General and Advocate General for Northern Ireland
Introduction
The Original Office
The Cognate Office
The Current Offices
Conclusions
7. Constitutional Controversy and Law Officer Legitimacy
Introduction
Constitutional Controversy and the Value of Independence
Constitutional Controversy and the Value of Accountability
Constitutional Controversy and the Value of Trust
Conclusions
8 Conclusions
Introduction
A Trifocal and Relativistic Model of Legitimising Values
Conclusions
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