The Role of the Attorney General
An Interview with AG Malashaan
If you've spent any time at all here in Europeia, chances are you've run into Malashaan - our friendly neighborhood Attorney General. What you may not be aware of is the scope of the Attorney General's role within our region or what the position actually entails. I sat down and spoke with Attorney General Malashaan earlier this week about his position. Here's what he had to say:
At least for me, the day-to-day role is typically monitoring activity within the government to ensure it complies with the law and looking for areas where current law regarding government function is inadequate. On the typical day, this is a passive role, with the more visible, active functions of the AG (e.g., criminal prosecution, issuing legal opinions, etc.) being reserved for those instances where a specific legal issue arises that needs to be addressed.
I find the most rewarding aspect to be presenting in Court, but opportunities for this are rare. While that can be personally disappointing, it is undoubtedly a positive as it reflects the maturity of our region. There just are not that many instances where we need to turn to the Court to resolve problems.
The most challenging aspect is probably monitoring the forum for criminal violations and deciding when and how to prosecute. There is a lot of activity of the forum, and I inevitably end up relying to some extent on reports of concerned citizens to draw my intention to potential violations of the law. Once a potential violation occurs, deciding if and how to prosecute is also a careful balancing act. Criminal trials can inflame passions and be divisive. While it is important to ensure the law is followed, addressing minor violations outside of Court is often more productive. The overall health of the region benefits if we don't need to resort to the formal trial process.
Being a good President or a good Minister doesn't require legal skill or knowledge. Many of most successful executive officials have had very limited knowledge of our legal system. Having the AG on hand to ensure that executive programs comply with the law is invaluable in ensuring that the region's day-to-day functionality is not disrupted by legal challenges, or worse, a Court declaration that an existing program must be changed or ceased. Furthermore, if the President is not a legal expert, the AG plays an important role in reviewing legislation and providing analysis to help the President decide whether to sign, veto, or reserve for referendum.
Another area in which the AG can provide substantial value is in providing general legal advise in the form of Attorney General Advisory Opinions (see here: http://s6.zetaboards.com/Europeia/topic/8914544/1/#new). This practice was pioneered by Hyanygo and has unfortunately been underused. In short, these opinions provide guidance to the region as a whole on how a potentially ambiguous law should be interpreted. They are not binding on the Court, but if they are well reasoned, they can certainly be persuasive; particularly where citizens or the government have relied on the opinion in their conduct.
I think the position as it is defined provides a great deal of latitude to the office holder to determine the precise metes and bounds of its portfolio. For that reason, I don't think any statutory tweaking is required, although I hope to see future holders of this office construe the role broadly and continue to issue advisory opinions, educate Europeians in legal matters, and search for new ways to add value to the region.
Does that include Pandas? We should definitely put the pandas in there.
The position of Attorney General here in Europeia is one which doesn't get as much publicity as the President, the Senators, or other more well-known roles. However, as is obvious from talking to Mal, it's a vital piece of the machine of government and requires constant vigilance. Making sure that the lot of us don't go violating our own rules in our enthusiasm to legislate isn't an easy task, and I, for one, am glad to have someone as experienced as Mal on the case.
If you'd like to get involved or learn more about law in Europeia, head on over to the High Court and apply to join the Bar Association. It's a great way to get your feet wet with the sort of work that the AG and members of the Court do in keeping Europeia awesome!
I'd like to thank Mal for taking the time to answer my questions and hope that all those reading have a better idea of both the Attorney General's position and also our current AG. Thanks for reading!
If you'd like to get involved or learn more about law in Europeia, head on over to the High Court and apply to join the Bar Association. It's a great way to get your feet wet with the sort of work that the AG and members of the Court do in keeping Europeia awesome!
I'd like to thank Mal for taking the time to answer my questions and hope that all those reading have a better idea of both the Attorney General's position and also our current AG. Thanks for reading!
