Doctrine of sovereign immunity


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Related to Doctrine of sovereign immunity: Act of State Doctrine

Doctrine of sovereign immunity

Principle that a nation may not be tried in another country without its consent.

Doctrine of Sovereign Immunity

A legal principle that a nation may not be tried in another nation's courts without its own consent. This is important when a foreign corporation has a legal claim against another nation's government. It must go to that nation's courts in order to seek redress.
References in periodicals archive ?
The doctrine of sovereign immunity is inconsistent with the supremacy clause.
However, one might argue that a prudent attorney would not bring a suit against a state for such violations due to the doctrine of sovereign immunity.
story, which ends with the doctrine of sovereign immunity precluding his
Neither of the reasons courts have used to justify their adherence to the doctrine of sovereign immunity (a public policy concept that governmental operations would be halted if citizens could sue the government or stare decisis) overrides the need to make governmental officials accountable for their actions and subject them to sanctions in a court of law if they injure citizens by their failure to exercise due care in the performance of their duties.
The concept of the immunity of government officers from personal liability springs from the same root considerations that generated the doctrine of sovereign immunity.
The court noted that the doctrine of sovereign immunity is alive and well in Virginia.
In a strikingly fresh approach, he explains the doctrine of sovereign immunity by staging a dialogue among a cast of characters posing as judicial clerks for Samuel Simple, a fictional federal appellate judge.
2) The Court's holding in that case that the doctrine of sovereign immunity protects states from being sued in their own courts without their consent even on federal claims has been the subject of much commentary, most of it unfavorable.
Stevens, using pungent language that did not appear in the written dissent, accused the majority of constructing a doctrine of sovereign immunity ``much like a mindless dragon that indiscriminately chews gaping holes in federal statutes.
The State of Maine invoked the doctrine of sovereign immunity to keep the merits of these officers' claims from being heard, because it did not want to pay what these officers are owed, and the Supreme Court has acquiesced in denying these officers any court, be it state or federal -- in which they could bring a lawsuit.
As Justice Stevens notes in his Seminole Tribe dissent, "[t]he fundamental error that continues to lead the Court astray is its failure to acknowledge that its modem embodiment of the ancient doctrine of sovereign immunity `has absolutely nothing to do with the limit on judicial power contained in the Eleventh Amendment.
13) Wisconsin then petitioned the court for summary judgment on the TTAB ruling and a dismissal of all federal counterclaims on the ground that they were barred by the doctrine of sovereign immunity.
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