The paper is going to highlights on ways in which the democratic rule of land is affected or influenced by the activities of the attorney general or the public interests groups. The attorney general and the public interest groups perform specific roles in a nation, and in some way they support or affect the normal functioning or implementation of the law of the land. The Attorney General is the chief legal adviser of a country's government. Thus the attorney general has executive powers to oversee the law enforcement and responsibility to provide guidance on public prosecution of the country (Ontario Ministry of Attorney General, 2010). Apart from advisory roles to the executive, the officer may preside over some cases in the supreme courts. Most nations, which adopted the Queens Law system, have this office.
The officer represents the whole nation in legal issues and commands all the courts. By virtue, the attorney is a member of the cabinet and directs the executive on legal appointments (Harmon, 2001). Mostly, the president appoints this person. Public interest groups refer to persons and / or organizations that unite to promote certain advocacies or interests of public concern. Such issues may include human liberty, environmental concerns, and health. They apply their social networks to pressurize the government and institutions towards achieving some desired goals of public interest. They may also act like lobbyists. Law is a legal order that restrict human activities. It helps to control social behavior and private choice and enhance dispute resolution.
Public Interest Groups is a group that is known for pushing and influencing the public opinions and /or policy in country (Wilson, 1995). The public interest groups play an important role in determining and developing the political, social and law systems of a country. The law of the land is the law that is in practice in a country or sovereign region; The laws will ensure that the individual living in a given region and country follows the rules set by the authority to govern the behaviors and actions of the country thus maintaining the law and order in the country (Ontario Ministry of Attorney General, 2010).
Democracy is a process that involves political intervention thorough the use of referendum, consensus, or election in order to have easy control of a national matter (Ontario Ministry of Attorney General, 2010). This is where the different conflicting groups will sit down and discuss on the best way forward in determining the ways that will ensure that the groups come up to an agreement.
The court being the most supreme law enforcing of the land, is able to contain and hear all the complaints of the less privileged and oppressed people. This is in order to be accorded some justice as the verdict of judges from these courts includes the Federal Court System, District Courts, Courts of Appeal and Supreme Court. All these courts are supposed to conduct the rulings without interference from the other bodies that are not directly associated with the case. Resulting to the cases to be conducted in a free and fair manner ensuring that the judges make a fair ruling that will be of importance to the public.
The Attorney General is an obstacle towards the realization of democracy as they go against the law of the land; this is when they go against the will /final judgment of the court. An example of a case where a police officer (s) is taken to court for injuring a civilian who was apparently resisting arrest was handicapped and injured or another case where an employer is taken to the court by an employee who was injured in his or her line of duty and seeks for compensation for the damages. The court can make a ruling that will be able to provide the injured individual with a just judgment but this can be frowned upon by the Attorney General who has the power of changing the court ruling thus resulting to the judges final decision being less considered.
The Attorney General who is the government's chief legal adviser also grant the offender a realtor action bound to reduce the noise that will be raised by the public after a given trail is concluded (Wanhong, 2009). In realtor the Attorney General will go against the judge's final ruling and alter the ruling to be different from what the judge's final decision, The Attorney General might alter the final judge's ruling this includes granting the offender fines, compelling them to house arrest or even reduced sentence terms. The Attorney General does this in order to attract public interest and perceptions towards the given case, the significant of this altered ruling will result to the Attorney general violating the soverenity of the court system thus expose the existing law of the land useless.
The level of transparency, equitable justice, and human rights protection of a nation depends on the office of the attorney general. In criminal proceedings, attorney general can terminate a case despite presence of prima facia evidence. The nolle prosequi powers vested on the attorney generals empower them to stop a case despite of the legal situation. Unnecessary delays in a case, especially those with heavier public interests usually arise from this office. In nations where the attorney general is a presidential appointee, cases regarding the executive office such as election fraud are not resolved. An attorney general being a member of the cabinet may tend to favor cabinet ministers involved in crime because of the "acquaintances" effect (Kyprianou, 2009). The officer may commit fallacious assumptions in serious criminal cases like felony since he or she is deemed the final legal authority. This is predominant in nations where advocacy groups like the civil and law societies are not active or present.Want an expert to write a paper for you Talk to an operator now
This office is strategic and any person who can be override by private agenda to the expense of the greater state may abuse it. Law does not entertain personal prejudice whatsoever. The enforcement of law as a role of the attorney general should be sandwiched by pursuit for justice. Failure to this is a great violation and dishonor to the constitution. In some cases, the decisions of attorney general influence the law of the nation. This might affect the law unless the legislature or any court reverses this situation. The officer may loose trust of the judiciary or legislature causing his impeachment.
This may consequently derail a nation's legislative systems. In addition, he might use his signatory powers to delay ratification of new bills from the legislature thus undermining the legal process. Through law of certioraris, attorney general may unfairly review and have discretion over decisions of lower courts even if they were just. In addition, because he is the legal advisor of the president, they may conspire to appoint corrupt, unqualified, and inexperienced judges to the bench. This can cause a legal disaster. There is possibility of an attorney general to act ultravires on issues like constitutional amendments that may require involvement of the legislature. This may considerably tamper the country's supreme law.
The Public Interest Group is aimed at protecting the interests of the individuals who are part of the group; in that case any involving the group will be doctored in favor of the interest group thus the group will not be willing to be lost in the case against their group or any of its members, this will result to the group lobbying through the media and street demonstrations in attempts aimed at winning their favor. These groups' actions will affect the judge's final ruling as the judges will be trying to satisfy the group's wishes therefore making the group feel appreciated and making the judge rule against them.
The public interest groups have also played a big role in the going against and altering the rule of the land; this is especially when the public interest groups highlights on the rights and recognition of a small section of a community. This includes the Public Interests Groups of the gays, lesbians, Buddhism, Disabled and other groups that highlight and address the troubles of the controversial issues in the world today (U.S. Constitution, 2010). In that issue the public interest will conduct reforms that are aimed at restricting or pushing for the review of the changes that will ensure that the individuals rights of these respective groups are relieved from the laws, restricting and prohibiting there actions in the region. This move ensures that the rights of the individuals that are members of the group are relived of there duty and in the process the constitution is altered in order to fit the demands of the individuals. Which then means that the organization that is represented in the interest groups are then resulting to the groups altering the constitution in order to fulfill the rights of this marginalized group.
The District Attorney General will also affect the democratic law of the land this is by introducing new laws that will be aimed at altering the will and actions of the people living in a given region or country. Some of these controversial issues raising eyebrows include issues like Gay Marriages, Religion and Parenting and Child Adoption amongst other important issues. As seen in many states in America these issues are highly restricted and strongly upheld in these states (U.S. Constitution, 2010). In these states there is some interference that is encountered by the intrusion of the Attorney General in altering the law of the land, an example was in the state of Nashville, When There was a heated debate by the Attorney General candidates were one of the candidate was planning of challenging the court's ruling on the same sex marriage while the other was planning to support what the court had ruled on.
The public interest groups which are very vocal as they represent the rights of there clients/ members, these groups provide a basic platform that aims at arguing beyond a theory before taking any action. The public interest groups will advocate for rapid change in the way the running of a particular issue. In addition this is when the group(s) will rally for meetings with the public's and in the process the group will sensitize the people on the importance of the changing proposed action. The group will attempt to change a given law to favor there own interest this is when the group holds meetings with the public that were held earlier will influence the outcome of the court ruling (Weisbrod, 1978).
The Criminal Code Act (CCA) gives the Attorney General the powers to prosecute any criminal suspect that he feels is guilty. When the Attorney General feels that the individual in question is supposed to be tried in a court of law for the offence that was previously committed by the offender in question (Weisbrod, 1978). Therefore, in this case the Attorney will prosecute the individual and the attorney will be able to convict the individual without the use of legal actions; consequently the attorney might opt to start a new sentence that will result to be unfair to the individual, the attorney being more powerful than the judges of the courts will opt to start the hearing an already concluded case. In this the attorney might misuse the powers vested to him/her by the constitution (LaGrassa, 2010), this is one way in which the Attorney General actions affect the law of the land.
Public Interest Groups also affect the ways of implementing the laws of the land this is because they represent the wishes and demands of the public known as (Public Interest Litigation PIL) and some are composed of a group of public servants. The public interests groups may use litigations that are filed to the high court or Supreme Court whether they have faced an injury or has grievances against the existing law of the land towards the existence of the land law. In this process the group will air its wishes to the court in attempts aimed at restructuring the law governing the land (Wanhong, 2009).
Public interest groups can significantly influence the legal situation in a nation. They have networking and mobilization skills that if not scrutinized, might be due to mob fallacies. These groups can also conduct unconstitutional civil arrests and unlawful community policing. Senior state officials and politicians may seductively seek support from these groups to overturn certain unfavorable laws or criminal cases against them. In addition, they are prone to influences and abuse from private sector personalities and investors. This may be due to unfavorable investment policies present in that nation. Their pressure and public interest may lead to victimized prosecution of individuals or enforcement of unfavorable policies to others. They have tendencies to resist judicial reforms and influence rest of the public to demonstrate against certain regulations of the government that may be otherwise constructive (Mitchell, 2008).
Analysis of the civil coup and riots in developing countries shows the stimulation source to be from public interest groups. However, weak and suppressed public interest groups lead to serious violations of a country's laws. This is because these governments do not undergo any public scrutiny and demand for accountability is low. Social injustices and crimes also increase in all sectors as well as the courts, as there is no opposition to oversee policy implementation. The attorney general being the controller of prosecution might dismiss serious crimes involving economic matters if with self-conflicting benefits. This only happens in absence of public interest in the case, a legal indication that the case is weak and cannot undergo judicial examination. Over indulgence of a public interest group in judicial matters might lead to revocation of court verdicts on potential offenders. This occurs when the interests of such groups are inclined towards support of the offender. This may causes injustice to complainants or limit effectiveness of a constitution.
In conclusion, the Public Interests Groups and the Attorney General plays a big role in seeing a democratic country were the greater section of the community views are highlighted. On the other hand, these two also play a big role in altering law of the land by the changing of the existing laws in order to represent and fulfill their wishes thus affecting the way the law of the land operates (U.S. Constitution, 2010). An attorney general and the public interest groups indeed have great influences on a nation's supreme law. An effective public interest group transparently counter checks judicial processes of its country and safe guards the lives of the citizens. The attorney should also work to follow a nation's supreme law with no compromise. Any changes emanating from either side should thus be that which enhance service delivery and transparency in the legal system.