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The Role of the Solicitor-General - Negotiating Law, Politics and the Public Interest (Paperback)
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The Role of the Solicitor-General - Negotiating Law, Politics and the Public Interest (Paperback)
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Behind every government there is an impressive team of hard-working
lawyers. In Australia, the Solicitor-General leads that team. A
former Attorney-General once said, 'The Solicitor-General is next
to the High Court and God.' And yet the role of government lawyers
in Australia, and specifically the Solicitor-General as the most
senior of government lawyers, is under-theorised and under-studied.
The Role of the Solicitor-General: Negotiating Law, Politics and
the Public Interest goes behind the scenes of government - drawing
from interviews with over 45 government and judicial officials - to
uncover the history, theory and practice of the Australian
Solicitor-General. The analysis reveals a role that is of
fundamental constitutional importance to ensuring both the legality
and the integrity of government action, thus contributing to the
achievement of rule-of-law ideals. The Solicitor-General also works
to defend government action and prosecute government policies in
the court, and thus performs an important role as messenger between
the political and judicial branches of government. But the
Solicitor-General's position, as both an internal integrity check
on government and an external warrior for government, gives rise to
competing pressures: between the law, politics and the public
interest. The office of the Solicitor-General in Australia has
evolved many characteristics across the almost two centuries of its
history in an attempt to navigate these tensions. These pressures
are not unique to the Australian context. The understanding of the
Australian position provided by this book is informed by, and will
inform, comparative analysis of the role of government lawyers
across the world.
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