sovereign immunity

(redirected from Doctrine of sovereign immunity)
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Related to Doctrine of sovereign immunity: Act of State Doctrine
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  • noun

Words related to sovereign immunity

an exemption that precludes bringing a suit against the sovereign government without the government's consent

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In this article, I argue that this entire body of law is simply wrong and that the doctrine of sovereign immunity should be banished from American law.
description of the doctrine of sovereign immunity and presents the
The problem with the judicially created and sanctioned doctrine of sovereign immunity is that it can eliminate the need for responsibility and accountability for governmental conduct as it prevents wronged citizens from seeking redress in the form of damages for harm inflicted by unethical governmental officials.
281) Functional defenses of the doctrine of sovereign immunity have been typically confined to the claim that its effects are not so pernicious as to justify a departure from precedent.
T]he American doctrine of sovereign immunity is indefensible upon both theoretical and pragmatic grounds," writes Clyde Jacobs, calling it "an unfortunate excrescence of a political and legal order which no longer enlists support.
independent doctrine of sovereign immunity did in fact raise this bar,
Very briefly, under general administrative law principles, government agencies and their officials are protected from suit by the doctrine of sovereign immunity which shields them from suit in order to ensure that they have the freedom to carry out their mandates, even when those decisions may harm the interests of individuals.
Although the doctrine of sovereign immunity has long been with us, its application did not become prominent in construction litigation until the decision in Southern Roadbuilders v.
36) Of greater significance to the doctrine of sovereign immunity, Chisholm created the principle that governmental immunity is subject to judicial definition.
The doctrine of sovereign immunity was originally created to apply to the foreign state itself and not her commercial subsidiaries.
the Tenth Amendment and the doctrine of sovereign immunity.
The development of the doctrine of sovereign immunity in the United
Under the federal doctrine of sovereign immunity, he added, "you can only sue the government under certain rules and they make the rules.
Jackson, supra note 36, at 542 ("As many scholars have concluded, however, the common law doctrine of sovereign immunity was more about the mode for obtaining redress than a ban on redress of injury caused by the sovereign and his agents.
In Thompson, the Supreme Court acknowledged that the very same policy reasons that support a finding that the statute of limitations does not run against the United States are the same supporting the doctrine of sovereign immunity.
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