NCJ Number
61167
Date Published
1978
Length
99 pages
Annotation
MEANS FOR REPRESENTING PUBLIC AND GROUP INTEREST IN DIFFERENT COUNTRIES ARE EXAMINED, WITH PARTICULAR FOCUS ON THE FRENCH 'MINISTERE PUBLIC' AND RELATED INSTITUTIONS.
Abstract
INSTITUTIONAL SOLUTIONS TO THE INTERNATIONAL PROBLEM OF REPRESENTING THE PUBLIC INTEREST OR COLLECTIVE CONCERN CURRENTLY TAKE THREE FORMS: (1) THE GOVERNMENT ATTORNEY GENERAL, SUCH AS THE FRENCH MINISTERE PUBLIC, THE SOVIET PROKURATURA, THE ANGLO-AMERICAN ATTORNEY GENERAL, AND THE SWEDISH OMBUDSMAN: (2) THE INDIVIDUAL PRIVATE ATTORNEY GENERAL, AS EXEMPLIFIED BY REALTOR, CLASS, AND PUBLIC INTEREST ACTIONS IN THE COMMON LAW WORLD; AND (3) THE ORGANIZATIONAL PRIVATE ATTORNEY GENERAL, WHEREIN ORGANIZED GROUPS ACT AS REPRESENTATIVES OF PUBLIC OR GROUP INTERESTS IN CIVIL LITIGATION. ANALYSIS AND EXAMPLES FROM VARIOUS COUNTRIES ILLUSTRATE THE APPLICATION OF EACH OF THESE TYPES OF SOLUTIONS. EDUCATIONAL, STRUCTURAL, AND OTHER FACTORS PREVENT A TRADITIONAL INSTITUTION, SUCH AS THE PUBLIC ATTORNEY GENERAL, FROM PROVIDING JUDICIAL AND CIVIL PROTECTION TO GROUP INTERESTS, ALTHOUGH THE INSTITUTION IN A VALID ONE FOR PROSECUTING CRIMINAL VIOLATIONS OF REGULATIONS. ESTABLISHING SPECIALIZED GOVERNMENT AGENCIES, SUCH AS THE SWEDISH CONSUMER OMBUDSMAN, HAS SUPPLEMENTED THE PUBLIC ATTORNEYS GENERAL. DEVELOPMENT OF PRIVATE ATTORNEYS GENERAL POSES CONSTITUTIONAL AND PROCEDURAL PROBLEMS SUCH AS THE DEGREE TO WHICH JUDGMENTS ARE BINDING AND JUDICIAL POWERS. BECAUSE NEITHER A SINGLE GOVERNMENT INSITUTION NOR RELIANCE ON PRIVATE INDIVIDUALS' INITIATIVES CAN MEET THE NEEDS TO PROTECT THE PUBLIC INTEREST, A PLURALISTIC COMBINATION OF PRIVATE GROUPS, COMMUNITIES, AND NATIONAL AND INTERNATIONAL GOVERNMENT INSTITUTIONS SHOULD BE ENCOURAGED. EXTENSIVE FOOTNOTES ARE INCLUDED. (CFW)