The Law Principle Of Sovereign Immunity

1514 Words7 Pages
In this paper, I will research how Alabama, has recognized the old English version of the common-law principle of sovereign immunity that the state cannot be sued without its consent and that since the state can act only through its officers and agents a suit against a state officer is in effect one against the sovereign state.
This rule had its origin in the ancient common law, predicated on the principle that the king, being the fountainhead of justice, could not be sued in his own courts. The doctrine of sovereign immunity over powers the Constitution of United States and gives governmental agencies strong autonomy and the thinking they bars suits.
The legal definition of sovereign immunity The Black’s Law Dictionary
…show more content…
Uncertainty around the historical development of the doctrine of sovereign immunity, there is evidence that the petition of right to immunity was adopted during the reign of Edward I, whereas prior to the reign of Edward I, the king could be subject to suit in his own courts. According to scholars, King Edwards return to his farther Holly land and ordered that everyone that had a complaint or request to meet with him personally.
To ensure these meeting was held properly, the King required the petitions to be completed and screened by a special commission. The special commission reviewed all petitions that were presented for certain factual inquiries and determined whether there was a "right"; if he concluded that there was he endorsed the petition that right be done. Those petitions which rested on a claim of right were tried as to the facts by a commission or a department and, if necessary, finally sent to the Exchequer, the Chancery, or the King 's Bench for ultimate disposition under the law. (suits taffe). During the 19th century, scholars realized the petition process that the king out in place did not work. Scholars had little evidence to understand how kings enforced tort laws against them and their officers. As one author states “What might be called the great disappointment in the development of the petition of right was
Get Access