The Shawcross principle is an idea in the United Kingdom's
Westminster system of government, whereby the
Attorney-General is to be left to his or her own devices and judgments regarding whether or not to establish
criminal proceedings. It relates to political pressure and
cabinet government.
History
What we know as the Shawcross principle was the subject of debate in the UK Parliament on 29 January 1951.
In a lengthy defence of his conduct regarding an
illegal strike,
Attorney-General Shawcross cited hundreds of years of
precedent as to the firm foundation of his actions.
The principle (or doctrine) states that the Attorney General:
* must take into account matters of public interest,
* that assistance from cabinet colleagues must be limited to advice,
* that responsibility for the decision is that of the Attorney General alone, and
* that the government is not to put pressure on him or her.
The 1964
Rivard affair
Lucien Rivard (June 16, 1914 – February 3, 2002) was a Quebec criminal known for a sensational prison escape in 1965.
Background
Rivard had been engaged in robbery and smuggling drugs since the 1940s. He has been described as a "petty crook" in ...
in Canada caused the sitting Attorney-General,
Guy Favreau, to resign because of his non-prosecution of senior officials in the
Pearson government over their attempted bribery of American officials in Rivard's case.
The Shawcross principle was cited by Australian Attorney-General
Bob Ellicott who cited attempts by his boss,
Malcolm Fraser
John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia.
Fraser was raised on hi ...
, to control his discretion.
[
In 2004 in the context of the Tony Blair's invasion of Iraq, a ]whistleblower
A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
by the name of Katharine Gun risked prosecution under the Official Secrets Act. Lawyers for Gun, who was formerly a GCHQ translator, asked for disclosure of advice on the legality of the Iraq war given by Attorney-General Lord Goldsmith in his role as the government's legal adviser. Goldsmith said that he had conducted what is known as a "Shawcross exercise". Goldsmith sent a "Shawcross letter" to the foreign secretary, Jack Straw, who was responsible for GCHQ, advising him that HMG should decline to pursue Gun.Justin Trudeau
Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since ...
breached in the Jody Wilson-Raybould - SNC Lavalin bribery and fraud prosecution case.
Commentary
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* Wong Yan Lung, ''The Secretary for Justice as the Protector of the Public Interest – Continuity and Development'' (2007) 37 HKLJ 319
References
{{reflist
Parliamentary procedure
Constitution of the United Kingdom
Political systems
Common law