41-715: The Attorney General of New South Wales , in formal contexts also Attorney-General or Attorney General for New South Wales and usually known simply as the Attorney General , is a minister in the Government of New South Wales who has responsibility for the administration of justice in New South Wales , Australia . In addition, the attorney general is one of the Law Officers of the Crown . Along with
82-626: A Dominion in 1867, however, a separate Canadian Privy Council was established to advise the Canadian governor general on the exercise of the Crown prerogative in Canada, although constitutionally the viceroy remained an agent of the British government at Whitehall . After that date, other colonies of the empire attained Dominion status and similar arrangements were made. Following the passage of
123-869: A point of law of public importance at issue. The attorney general is responsible to Parliament for activities of the Department of Justice and has responsibility for the all state's courts and tribunals and the appointment of judges, magistrates and statutory officers in New South Wales. The following individuals have served as Attorney General of New South Wales: [REDACTED] Australia [REDACTED] New South Wales [REDACTED] Queensland [REDACTED] South Australia [REDACTED] Tasmania [REDACTED] Victoria [REDACTED] Western Australia [REDACTED] Australian Capital Territory [REDACTED] Northern Territory Minister of
164-527: A representative assembly (or once the governor has been instructed to call one), the royal authority is limited to the familiar prerogatives; without the assembly's consent the Crown could not raise taxation nor change the law. Several of the colonies of the British West Indies thus became "settled colonies", and reverted to "crown colony" status only by Act of Parliament in the nineteenth century. In August 2009, Michael Misick , first Premier of
205-647: Is a crucial corollary and foundation to the concept of the judicial power; and its distinct and separate nature from the executive power possessed by the Crown itself, or its ministers. In most cases, the Monarch exercises the prerogative powers only on the advice of the Government of the day, either directly or through the Privy Council . Generally, the Crown retains all the power of the state in an overseas territory (or 'dependent territory' from 1983 to 2002 or 'Crown colony' before that), even if in practice it
246-603: Is formally advised by a larger body known as a privy council or executive council , though, in practice, they are advised by a subset of such councils: the collective body of ministers of the Crown called the ministry . The ministry should not be confused with the cabinet, as ministers of the Crown may be outside a cabinet. In the UK , ministers are the MPs and members of the British House of Commons or House of Lords who are in
287-634: Is largely set out in Part III of the Constitution Act, 1867 , particularly section 9. As foreign affairs are a matter of royal prerogative, the power to declare war and deploy the armed forces belongs to the Crown, though only in its federal Cabinet (the federal government ), as outlined in sections 9 and 15 of the Constitution Act, 1867. Neither legislation nor any other type of parliamentary approval, beyond budgetary matters,
328-404: Is not directly exercised. Thus the royal prerogative is in theory an unlimited, arbitrary authority. In British overseas territories however, each inhabited territory has a constitution by which the territory is governed locally. The absoluteness of the royal prerogative in the colonies was however defeated in the case of Campbell v. Hall in 1774. This case decided that once a colony gained
369-510: Is required for such actions, though the Cabinet has on occasion consulted parliament before engaging Canada or extending Canada's involvement in a conflict. Additionally, the federal Crown may ratify treaties. Again, the endorsement of Parliament is not necessary for these agreements to have force in an international sense, but the federal Parliament and the provincial legislatures must pass statutes in order for them to have domestic effect, under
410-620: The Cabinet , who are accountable to Parliament (and exclusively so, except in matters of the Royal Family) since at least the time of William IV . Typically, in liberal democracies that are constitutional monarchies as well as nation states , such as Denmark , Norway , and Sweden , the royal prerogative serves in practice as a prescribed ceremonial function of the state power . Today, prerogative powers fall into two main categories: Some key areas of government are carried out by
451-768: The Department of Communities and Justice and a range of other government agencies. Ultimately, the attorney general and the Ministers are responsible to the Parliament of New South Wales . The position of Attorney General has existed since 1824, well before the full establishment of the New South Wales Parliament (in 1856) but coinciding with the establishment of the New South Wales Legislative Council . From
SECTION 10
#1732772898643492-713: The Federal Court , Federal Court of Appeal , and ultimately the Supreme Court of Canada did not find in favour of either Khadr, nor Kamel. The royal prerogative in Canada extends also to the granting of honours, as explained by the Court of Appeal for Ontario in Black v. Chrétien (regarding Conrad Black 's entitlement to an appointment to the House of Lords while a Canadian citizen). Other royal prerogatives, such as
533-516: The Statute of Westminster in 1931, however, the Dominions became effectively autonomous realms under one sovereign, thus returning the monarch to a position similar to that which existed pre-1707, where he or she was ministered to by a separate ministry for each realm. Thus, today, no minister of the Crown in any Commonwealth realm can advise the monarch to exercise any powers pertaining to any of
574-686: The Turks and Caicos Islands , a British Overseas Territory , resigned under charges of corruption and abuse of power. In order to restore the rule of law, the UK government took direct control of the government of the territory, under an Order in Council of 18 March 2009, which suspended and amended parts of the Islands' constitution, and vacated all the offices of ministers and the House of Assembly. This action
615-463: The governor-general of Australia for military affairs and is defined by the Constitution of Australia . The constitution of a Commonwealth realm may also sharply limit the prerogative. In some cases, governmental acts which would normally require royal prerogative may be enacted through other means in the constitution, or through a legislative act in a Commonwealth realm, such as was seen in
656-473: The sovereign , and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. In most constitutional monarchies , prerogatives can be abolished by Parliament under its legislative authority. In the Commonwealth realms , this draws on
697-486: The Crown Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy . The term indicates that the minister serves at His Majesty's pleasure , and advises the sovereign or viceroy on how to exercise the Crown prerogatives relating to the minister's department or ministry . In Commonwealth realms, the sovereign or viceroy
738-530: The United Kingdom, where a previous act of parliament dictated the conditions in which an early election could be called, which was a purely Royal Prerogative prior to its passage. The Spanish Constitution of 1978 , Title II The Crown , Article 62, delineates the powers of the king, while Title IV Government and Administration , Article 99, defines the king's role in government. Title VI Judicial Power , Article 117, Articles 122 through 124, outlines
779-574: The beginning, the attorney general has been the Crown's advisor and representative in legal matters. It was modelled after the office of the Attorney General for England and Wales . As such the attorney general advises and represents the Crown and government departments in court. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments. The attorney general also has supervisory powers over
820-644: The constitutional statutes at the time of the Glorious Revolution , when William III and Mary II were invited to take the throne. In the United Kingdom , the remaining powers of the royal prerogative are devolved to the head of the government, which, for more than two centuries, has been the Prime Minister ; the benefits, equally, such as ratification of treaties and mineral rights in all gold and silver ores, vest in (belong to)
861-442: The direct ear of the king. This led to the creation of the larger Privy Council, with the Cabinet becoming a committee within that body, made up of currently serving ministers, who also were heads of departments. During a period between the accession of King James VI of Scotland to the throne of England in 1603 and the unification of Scotland and England in 1707, the two entities were separate kingdoms in personal union through
SECTION 20
#1732772898643902-413: The division of powers set out in sections 91 and 92 of the Constitution Act, 1867 . Proposed treaties have also occasionally been presented to parliament for debate before ratification. Members of Parliament have tabled bills seeking to curtail the use of the royal prerogative in foreign affairs by legislating a greater role for parliament, as have Senate standing committees, from time to time, called for
943-601: The government won its appeal in the House of Lords against the previous rulings. The House decided by a three-to-two majority that the Order in Council was a lawful exercise of authority. In their speeches, the Law Lords admitted the government of the day was morally wrong to force out some 2,000 residents of the Chagos Archipelago, a British Crown colony, to make way for a US air base in the 1960s. Nevertheless,
984-836: The government was returned to full local administration after the November 2012 elections . In the case of the Chagos Archipelago , in 2000, the High Court of Justice of England and Wales ruled that a local ordinance made by the Commissioner of the British Indian Ocean Territory exiling the islanders was unlawful, a decision which was accepted by the British Foreign Secretary Robin Cook . That Order
1025-409: The government. In Britain, prerogative powers were originally exercised by the monarch acting without an observed requirement for parliamentary consent (after its empowerment in certain matters following Magna Carta ). Since the accession of the House of Hanover , these powers have been exercised, with minor exceptions in economically unimportant sectors, on the advice of the prime minister or
1066-531: The government. Ministers of the Crown in Commonwealth realms have their roots in early modern England, where monarchs sometimes employed cabinet councils consisting of ministers to advise the monarch and implemented his decisions. The term Minister came into being as the sovereign's advisors "ministered to", or served, the king. Over time, former ministers and other distinguished persons were retained as peripheral advisers with designated ministers having
1107-417: The king's role in the country's independent judiciary . However, by constitutional convention established by Juan Carlos I , the king exercises his prerogatives having solicited government advice while maintaining a politically non-partisan and independent monarchy. Receiving government advice does not necessarily bind the monarch into executing the advice, except where prescribed by the constitution. It
1148-418: The majority could not find legal fault in the Order. In Canada, the royal prerogative is, for the most part, the same as that in the United Kingdom, as constrained by constitutional convention, although its exercise is usually through the federal governor general in the Privy Council of Canada , or the provincial lieutenant governors in the provincial executive councils . The royal prerogative in Canada
1189-534: The one monarch who was advised by a separate set of ministers of the Crown for each country. As the English overseas possessions and later British Empire expanded, the colonial governments remained subordinate to the imperial government at Westminster , and thus the Crown was still ministered to only by the Imperial Privy Council , made up of British ministers of the Crown. When Canada became
1230-508: The other Dominions. In Spain , during the " Restauración " period (1874–1931) the term Minister of the Crown ( Spanish : Ministro de la Corona ) was used for a person who was in charge of a ministerial department of His Majesty's Government ( Spanish : Gobierno de Su Majestad ). For example, during the reign of King Alfonso XIII , when Carlos María Cortezo y Prieto de Orche was appointed as "Ministro de Instrucción Pública y Bellas Artes" ( Minister for Public Instruction of Fine Arts ), in
1271-541: The power is a matter of the common law of England , making the courts the final arbiter of whether a particular type of prerogative exists or not. Nevertheless, certain prerogative powers have been widely acknowledged and accepted over time, while others have fallen out of use. The royal prerogative is not constitutionally unlimited. In the Case of Proclamations (1611) during the reign of King James VI/I , English common law courts judges emphatically asserted that they possessed
Attorney General of New South Wales - Misplaced Pages Continue
1312-461: The prerogative of mercy, also exist in the Canadian context, although largely supplanted for criminal matters by statutory provisions. In the other Commonwealth realms , the royal prerogative can be or is specifically mandated to be exercised by the monarch's representative, the governor-general. In the case of Australia, the royal prerogative, although resides in the monarch, it is exercisable by
1353-577: The prosecution of criminal offences, but is not personally involved with prosecutions. Today, prosecutions are carried out by the Public Prosecution Office and most legal advice to government departments is provided by the Government Legal Service, both under the supervision of the attorney general. The attorney general may appeal cases to the higher courts where, although the particular case is settled, there may be
1394-468: The remaining portion of the Crown's original authority, and it is therefore ... the name for the residue of discretionary power left at any moment in the hands of the Crown, whether such power be in fact exercised by the King himself or by his Ministers. The scope of the royal prerogative is difficult to determine due to the uncodified nature of the constitution . It is clear that the existence and extent of
1435-410: The right to determine the limits of the royal prerogative. Since the Glorious Revolution in 1688, which brought co-monarchs King William III and Queen Mary II to power, this interpretation of there being a separate and distinct power of the judiciary has not been challenged by the Crown . It has been accepted that it is emphatically the province of the court(s) to say what the law is, or means. This
1476-405: The royal decree it was noted that he was a minister of the Crown. Nowadays, the most formal way to address a minister is as "Minister of the Government". Crown prerogative Philosophers Works The royal prerogative is a body of customary authority, privilege, and immunity recognized in common law (and sometimes in civil law jurisdictions possessing a monarchy) as belonging to
1517-467: The royal prerogative, but its usage is falling as functions are progressively made statutory. In the Kingdom of England (up to 1707), the Kingdom of Great Britain (1707–1800), and the United Kingdom (since 1801), the royal prerogative was, has been, and is one of the central features of the realm 's governance. Constitutional theorist A. V. Dicey defines the scope of prerogative powers as: ...
1558-661: The same. The issuance of passports also remains within the royal prerogative in Canada. The terms for the issuing of passports by the Minister of Foreign Affairs on behalf of the Crown are set out in the Canadian Passport Order, issued by the Governor General-in-Council. The Canadian government has used the royal prerogative on two occasions to deny a passport to a Canadian citizen, Abdurahman Khadr and Fateh Kamel . Lawsuits filed at
1599-478: The subordinate Solicitor General , Crown Advocate , and Crown Solicitor , the attorney general serves as the chief legal and constitutional adviser of the Crown and Government of New South Wales. The current attorney general, since 28 March 2023, is Michael Daley , SC . The attorney general and the Ministers administer the portfolio through the Stronger Communities cluster , in particular
1640-455: Was legislation passed under authority given by the royal prerogative, not an exercise of the prerogative itself, and was overturned as being beyond the powers given. After this decision, the British government issued an Order in Council , a primary exercise of the royal prerogative, to achieve the same objective. This Order was also ruled unlawful by the High Court , a ruling upheld in the Court of Appeal . However, on Wednesday, 22 October 2008,
1681-578: Was not an exercise of the royal prerogative, as it was made under "the West Indies Act 1962 and of all other powers enabling Her to do so", but did vest wide discretionary legislative and executive powers in Her Majesty 's governor, who as in all British Overseas Territories, acts on the instructions of the UK government, not the monarch. A new constitution was promulgated in October 2012 and