Doctrine

Sovereign immunity

Constitutional, Administrative and Public Law Doctrine

Sovereign immunity, also called crown immunity, is the legal principle that a sovereign or state cannot commit a legal wrong and, at least in its own courts, is immune from civil suit or criminal prosecution, a doctrine historically expressed in the maxim that the king can do no wrong. Its foundation lies in the classical idea of sovereignty, under which a sovereign could not be made subject to another authority's jurisdiction without its own consent, a difficulty compounded in constitutional monarchies where the courts themselves derive their authority from the sovereign. The doctrine takes two main forms, immunity from suit, which prevents a sovereign from being made a defendant at all, and immunity from enforcement, which prevents collection of a judgment even where one is obtained, though separation of powers principles, natural justice, and statutes that expressly bind the state have created broad exceptions to both.

Facts
Core Principle
A sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution in its own courts. 2
Nature
Substantive 2
Classification
Doctrine Category
Constitutional Law 1
Connections

In Area Of Law

In Legal System

Source Legal Information Institute, Cornell Law School (Wex): sovereign immunity
Sources
1. Wikipedia: Sovereign immunity
a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecutionView the Source
2. Sovereign immunity (Wikipedia)
  • Lead paragraph
    a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
  • Lead
    Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
  • In Group: Sovereignty, Immunity and Church-State Doctrines, Introduction, sentence 1
    Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
View the Source
Legal Information Institute, Cornell Law School (Wex): sovereign immunity
Legal Information Institute, Cornell Law School (Wex)In Legal System: Common Law, Wex entry, first sentence
Quote, In Legal System: Common Law, Wex entry, first sentence
Sovereign immunity is a common law doctrine
View the Source
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