Perhaps the most anachronistic doctrine in Anglo-American public law is that of sovereign immunity. Under it, the State is placed in a privileged position of immunity from the principles of law which are binding upon the ordinary citizen, unless it expressly consents to be bound by such principles. In Anglo-American law the infallibility attributed to the King in the days when he was personally sovereign has been more recently recognized in the State, which the Crown now merely personifies. Thus, even today, and even in the American democracy, the basic principle of public law is that the King can do no wrong
This is part I-A of a Book I am working towards on the narratives and fictions of sovereign immunity...
The immunity of a sovereign and its agents from liability for tortious conduct has long been a part ...
The Pennsylvania Supreme Court refuses to abolish the doctrine of sovereign immunity. Dillon v. York...
Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing ...
The doctrine of sovereign immunity as developed in England and adopted in the United States has its ...
Immunities from suit, whether for governments or government officials, occupy a semi-sacred place in...
Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immu...
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding s...
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding s...
Under international law, official-capacity suits brought against a foreign state’s officers are trea...
The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity...
It is rare indeed when a contemporary legal concept can be traced to a single source. Yet it is clea...
Much as been written concerning the doctrine of governmental immunity and the doubtful justice of it...
The purpose of the present Article is not to propose yet another route toward logical reconciliation...
The history of sovereign immunity in the United States is a history of mistakes. The result is that ...
This is part I-A of a Book I am working towards on the narratives and fictions of sovereign immunity...
The immunity of a sovereign and its agents from liability for tortious conduct has long been a part ...
The Pennsylvania Supreme Court refuses to abolish the doctrine of sovereign immunity. Dillon v. York...
Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing ...
The doctrine of sovereign immunity as developed in England and adopted in the United States has its ...
Immunities from suit, whether for governments or government officials, occupy a semi-sacred place in...
Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immu...
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding s...
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding s...
Under international law, official-capacity suits brought against a foreign state’s officers are trea...
The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity...
It is rare indeed when a contemporary legal concept can be traced to a single source. Yet it is clea...
Much as been written concerning the doctrine of governmental immunity and the doubtful justice of it...
The purpose of the present Article is not to propose yet another route toward logical reconciliation...
The history of sovereign immunity in the United States is a history of mistakes. The result is that ...
This is part I-A of a Book I am working towards on the narratives and fictions of sovereign immunity...
The immunity of a sovereign and its agents from liability for tortious conduct has long been a part ...
The Pennsylvania Supreme Court refuses to abolish the doctrine of sovereign immunity. Dillon v. York...