Case Details

Issues

Common Law Powers, Control Of Litigation

Filing State

KY

Court

Kentucky Court of Appeals

Year

1974

Citation

Commonwealth ex rel. Hancock v. Paxton, 516 S.W.2d 865 (Ky. 1974).

Resolution

Attorney general may lawfully question the constitutionality of a state law

Case Description

Attorney general may lawfully question the constitutionality of a state law, and the court rejected a contention that the attorney general’s duties were limited to representing the “Commonwealth,” that is, the hierarchy of officers, departments, and agencies heading the executive branch of government. The court said: It is true that at common law the duty of the Attorney General was to represent the King, he being the embodiment of the state . . . But under the democratic form of government now prevailing the people are the King, so the Attorney General’s duties are to that sovereign rather than to the machinery of government