28 Constitution of the Independent State of Samoa 41. Attorney-General - (1) The Head of State, acting on the advice of the Prime Minister, shall appoint an Attorney General, who shall be a person qualified to be a Judge of the Supreme Court. (2) The Attorney General shall advise on legal matters referred to him or her by the Head of State, Cabinet, the Prime Minister or a Minister and shall have power, exercisable in his discretion to institute, conduct or discontinue any proceedings for an offence alleged to have been committed. (3) The Attorney General shall have a right of audience in, and shall take precedence over any other person appearing before, any Court or tribunal. (4) The powers of the Attorney General may be exercised by the Attorney General in person or by officers subordinate to the Attorney General, acting under and in accordance with his or her general or special instructions. (5) The Attorney General shall hold office for such term or terms and under such conditions as may be determined by the Head of State, acting on the advice of the Prime Minister. PART V PARLIAMENT 42. Parliament - There shall be a Parliament of Samoa, which shall consist of the Head of State and the Legislative Assembly. 43. Power to make laws - Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of Samoa and laws having effect outside as well as within Samoa. 44. Members of the Legislative Assembly - (1) Subject to the provisions of this Article, the Legislative Assembly shall consist of one member elected for each of 51 electoral constituencies having names, and comprising of villages or subvillages as are prescribed from time to time by Act. (Note – clauses (1) and (3) commence on the day the Head of State dissolves the Legislative Assembly under Article 63(4) of the Constitution for the 2021 general elections as per Article 1(2) of the Constitution Amendment Act (No.3) 2019, No. 10)

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