The Office of the State Advocate was established in terms of Article 91A of the Constitution as the principal advisor to Government in matters of law and legal opinion. In providing legal advice, it is tasked to act in the public interest and to safeguard the legality of State action and it also performs such other duties and functions as may be conferred by the Constitution or by any law.

The Office of the State Advocate was established by the State Advocate Act (Chapter 603 of the Laws of Malta) as a government agency. The State Advocate enjoys constitutional independence and is not subject to the direction or control of any other person or authority in the performance of the functions conferred.

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