Definition
Sovereign immunity is the principle that federal and state governments cannot always be sued unless they waive immunity or law provides an exception.
Political Dictionary
Sovereign Immunity
Sovereign immunity limits lawsuits against government without consent.
Why It Matters
It protects government operations while creating tension with individual remedies.
How It Works
Courts examine constitutional provisions, statutes, waivers, and the type of relief requested.
History
The doctrine derives from English law and was adapted in American constitutional practice.
Example
Congress may authorize damages claims against the federal government under specified conditions.
Common Misconceptions
- Government can never be sued.
- Immunity belongs to every public employee personally.
- It always blocks injunctions.
Related Terms
Related Topics
See Also