Does the Attorney General have a common law right to sue the Governor and other public officials and agencies?

California, United States of America


The following excerpt is from People ex rel. Deukmejian v. Brown, 172 Cal.Rptr. 478, 29 Cal.3d 150, 624 P.2d 1206 (Cal. 1981):

The Attorney General insists nevertheless that he has a common law right, undefined and unrestrained, to sue in his role as "the People's legal counsel" the Governor and other public officials and agencies. This claim presupposes that the Attorney General may determine, contrary to the views of the Governor, wherein lies the public interest. While there is no question that we may consider common law practices, we may do so only if they are not superseded by or in conflict with constitutional or statutory provisions. (People v. New Penn Mines, Inc. (1963) 212 Cal.App.2d 667, 28 Cal.Rptr. 337.) In this instance the Constitution the highest indicator of the public interest is both apposite and unambiguous.

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