A critical and comparative analysis of the dual role of the Attorney General in Malta

Abstract

This thesis aims to analyse the variety of functions that the Attorney General holds under Maltese Law especially the dual role as Chief legal advisor to the Government and Chief Prosecution Officer, which roles are established under the Attorney General Ordinance, Chapter 90 of the Law of Malta. The thesis in carrying out the analysis, also examines the notion of the rule of law, and the separation of powers as principal pillars of a democratic society. These internationally accepted concepts are contrasted with the functions that the Attorney General holds in Malta. This thesis starts off by analysing the Doctrine of the Rule of Law and the several definitions and application this notion has taken over the years, and its importance in protecting any community against tyranny. Mainly the aspects of equality before the law and the independence and impartiality of the judiciary are examined in detail. It is notable to point out that this thesis regards the role of the prosecutor to be a quasi-judicial one and hence the necessity for such analysis. The thesis continues to analyse the system of separation of powers, and the degree of its applicability. A contrast is made between its application in the United Kingdom and American jurisdictions. The role of the Attorney General was compared and criticised in light of this. Furthermore, this thesis carries out a historical evaluation of the role of the Attorney General, analysing how its roles grew throughout the times. A comparative analysis is carried, contrasting these functions, in the United Kingdom, United States of America and France, these were all compared to the roles in Malta. Subsequently, the author of the thesis re-visits a number of reports and makes a number of recommendations in regard to the manner in which the Attorney General office in Malta should be established to become in line with the above mentioned doctrines.