Sovereign Immunity Is A Concept Term Paper

PAGES
1
WORDS
330
Cite
Related Topics:

Sovereign Immunity is a concept originating from the feudal system of government. The people were governed by a king or queen, who could do not wrong, and therefore was exempted from any accountability. Hence the sovereign was basically free to do whatever he or she pleased, resulting in some cases of extreme tyranny and injustice, reminiscent of totalitarian governments today.

Today, the entity with the most power is referred to as "sovereign." In England, for example, the crown was sovereign, while in the United States, it is generally accepted that sovereignty rests with the people. The sovereign immunity concept is however still manifest in terms of government power today, regardless of the rise of democracy. The meaning of the term in modern society and government refers to the fact that the government is immune from being sued, unless it voluntarily consents to enter into a suit with the injured party.

This is a very controversial issue, as the very premise of democracy states that the role of the government does not preclude an acknowledgement that they are indeed, like the people who have chosen them, human.

An interesting example of sovereign immunity in society is the case of James Tillman (Pattis, 2007), who spent 18 years of a 45-year sentence on a false conviction of rape. His case, when it came before the court, was against the state of Connecticut. While found guilty at the time, later evidence proved Tillman's innocence. Because of sovereign immunity, however, he cannot sue the state for the great injury done not only to his reputation, but to his life as a whole. While the state attempted to compensate him financially, neither Tillman nor his mother would accept the money.

Cases like Tillman's have contributed to the controversy surrounding the issue of sovereign immunity. Perhaps this is not a concept that should be part of a democracy.

Reference

Pattis, Norm. (2007, Feb 12). "Sovereign Immunity? Says Who?" Crime & Federalism. http://federalism.typepad.com/crime_federalism/2007/02/sovereign_immun.html

Cite this Document:

"Sovereign Immunity Is A Concept" (2007, February 24) Retrieved April 23, 2024, from
https://www.paperdue.com/essay/sovereign-immunity-is-a-concept-39830

"Sovereign Immunity Is A Concept" 24 February 2007. Web.23 April. 2024. <
https://www.paperdue.com/essay/sovereign-immunity-is-a-concept-39830>

"Sovereign Immunity Is A Concept", 24 February 2007, Accessed.23 April. 2024,
https://www.paperdue.com/essay/sovereign-immunity-is-a-concept-39830

Related Documents
Sovereign Immunity
PAGES 2 WORDS 591

Sovereign Immunity (Chicago Citation) It has been a tradition in English law that the Sovereign can do no wrong and therefore had immunity against any and all laws within the kingdom. In fact, this was a way to protect the Monarch from being held to the same legal standard as everyone else. When the United States began, the framers of the Constitution made certain to include the concept of "sovereign immunity" on

Robins and Robins
PAGES 3 WORDS 1013

Robins & Robins THE RIGHT THING TO DO Robbins & Robbins Possible Defenses by Casings, Inc. It was the primary responsibility of Robbins & Robbins to have foreknown the risk of explosives getting into its medication before it entered into any formal agreement with Casings, Inc. Although both companies share the ethical responsibility, Robbins & Robbins should have had the greater interest in avoiding the risk. Second, the accounting firm, which worded the clause,

Federal Tort Claims Act Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with the government and resorting to the court system to help resolve those disputes could have resulted in a tremendous waste of time and energy. However, the situation left people with no solution when they were harmed by

international laws or aspects of law that must be adhered to by Riordan and an outline of these steps for employees to adhere to these laws This is written with the intention of creating a plan that incorporates the three-pronged framework of the Committee of Sponsoring Organizations (COSO) to provide parties with an all-around directive for managing the legal liability of officers and directors of Riordan. The plan details how to

The VCCR clarifies the VCDR and limits the diplomatic immunities in such as way that should prevent abuses. The problem is enforceability. Many law enforcement officials on a local level are not familiar enough with the particulars of both documents to make a proper judgment. They are aware of diplomatic immunity, so in order to avoid making a potential mistake, they will not arrest someone who has any type of

Historically, since the end of the Vietnam War in 1975, Cambodia has suffered under the oppression of dictators such as Pol Pot, who instituted Communism and its related rights violations of law. As a result, the question of the future of Cambodia has become vitally important and likewise, international law has had to step in to remedy the situation. Statutes and Charters from the United Nations Tribunals The evolution of international