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