US EditionConor Casey: Is the Law Officers’ Legal Advice Binding on the Government?
Summary by UK Constitutional Law Association
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Conor Casey: Is the Law Officers’ Legal Advice Binding on the Government?
There are two distinct senses in which one can ask whether the Law Officers’ legal advice is “binding” on the government. The first is whether the legal advice of the Law Officers can be set aside in favour of a legal opinion offered by another lawyer, or whether their view of the law must take precedence within government. The second is whether, in a situation where the Law Officer says a course of action is unlawful, the government can nonethe…
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