OVERVIEW
Here we are going to cover doctrine of sovereign immunity which refers to the legal principles, that prevent the government, or its Political subdivision from being sued without any consent. So, let us see its meaning and other key aspects of it. Let us begin with the topic.
MEANING
The term sovereign immunity refers to the legal principle that helped to prevent the government and its subdivisions, agencies, and other officials from being sued without its consent. This doctrine is rooted in the idea that the state will not commit any legal wrong and it is immune from civil and prosecution matters. The legal maxim for sovereign immunity is “ the king cannot do wrong”.
Now let us see the types of sovereign immune;
- Absolute sovereign immunity:
This provides pure sovereign immunity to the government where it cannot sue it in any situation.
- Qualified Sovereign immunity:
It also provides sovereign immunity to government, agencies, and other officials, but with some exceptions.
KEY ASPECTS OF SOVEREIGN IMMUNE
In this part let us see some of the key aspects of doctrine sovereign immunity.
- The government can waive their immunity, anyone can sue the government because the government allows them to file suit on themselves. This could occur through specific and statutory consent in some cases.
- The scope and limitations of sovereign immunity typically cover acts within their official course of employment and other scope of functions.
- This concept of sovereign immunity applies to both state and federal forms of government but they vary with specific rules. States have their own rules and statutes regulating law and order.
CONCLUSION
At the end of this topic, we have learned how doctrine of sovereign immunity prevents government officials and agencies from being sued without consent. It balances the need of the government to protect them from potential abuse. It is also criticized for denying justice to individuals who are harmed by the acts of government officials.
