Sovereign immunity

Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts. Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim rex non potest peccare, meaning "the king can do no wrong". There are two forms of sovereign immunity: immunity from suit (also known as immunity from jurisdiction or adjudication) immunity from enforcement. Immunity from suit means that neither a sovereign/head of state in person nor any in absentia or representative form (nor to a lesser extent the state) can be a defendant or subject of court proceedings, nor in most equivalent forums such as under arbitration awards and tribunal awards/damages. Immunity from enforcement means that even if a person succeeds in any way against their sovereign or state, they and the judgment may find themselves without means of enforcement. Separation of powers or natural justice coupled with a political status other than a totalitarian state dictates there be broad exceptions to immunity such as statutes which expressly bind the state (a prime example being constitutional laws) and judicial review. Sovereign immunity of a state entity may be waived. A state entity may waive its immunity by: prior written agreement instituting proceedings without claiming immunity submitting to jurisdiction as a defendant in a suit intervening in or taking any steps in any suit (other than for the purpose of claiming immunity).

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Concepts associés (15)

Sovereign immunity

Treason

Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant.

Droit pénal

vignette|Le Old Bailey à Londres (en 1808) où a eu lieu plus de procès criminels entre 1674 et 1834. Le droit pénal, ou droit criminel, est une branche du droit qui réprime des comportements antisociaux et prévoit la réaction de la société envers ces comportements. La réponse pénale prend le plus souvent la forme d'une peine. Le droit pénal concerne ainsi le rapport entre la société et l'individu.