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State Immunity Notes

1) The doctrine of act of state holds that the acts of a sovereign power within its own territory are not subject to judicial proceedings or questioning in another state's courts. 2) The doctrine of state immunity provides that a state cannot be sued without its consent due to its sovereign character. This protects the state's dignity and prevents interference with important state matters. 3) A state's consent to be sued can be either express, through specific laws, or implied, such as when the state initiates litigation or enters a contract. However, consent to be sued does not necessarily mean the state has accepted liability, which is determined separately based on laws and facts.

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10 views1 page

State Immunity Notes

1) The doctrine of act of state holds that the acts of a sovereign power within its own territory are not subject to judicial proceedings or questioning in another state's courts. 2) The doctrine of state immunity provides that a state cannot be sued without its consent due to its sovereign character. This protects the state's dignity and prevents interference with important state matters. 3) A state's consent to be sued can be either express, through specific laws, or implied, such as when the state initiates litigation or enters a contract. However, consent to be sued does not necessarily mean the state has accepted liability, which is determined separately based on laws and facts.

Uploaded by

ihon502
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Act of State-is an act done by the sovereign power of a country, or by its delegate, within thelimits of the power vested

in him. Act of State cannot be questioned or made the subject of legal proceedings im a court of law. The doctrine of State immunity - the constitution declares, rather superfluously, that the State may not be sued without its consent, this provision merely a recognition of the sovereign character of the State and an express affirmation of the unwritten rule insulating it from the jurisdiction of the courts of justice. Basis : To avoid impairment of its dignity; there can be no legal right against the authority which makes then law on which the right depends; the demands and inconveniences of litigation will divert the time and resources of the State from more oppressing matters demanding its attention, to the prejudice of the public welfare. The States maybe sued if it gives its consent. Forms of consents - the consent of the State to be sued may be given expressly or impliedly. a. Express consent-may be manifested either through general law or special law . b. Implied consent- is given when the State itself commences litigation or when it enters into a contract. Suability versus Liability - The mere fact that the State is suable does not mean that is is liable; or to put it another way, waiver of immunity by the State does not mean concession of it liability. Suability- is the result of the express and implied consent of the State to be sued. Liability- is determined after the hearing on the basis of the relevant laws and the established facts.

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