Essay Example on Sovereign Immunity: A Judicial Code of Belief for Restricting Government

Sovereign immunity is a judicial code of belief that enhances the restriction of the government, its political members, ministries or departments and agencies from being sued without its accord. In other words, sovereign immunity is also known as jurisdictional immunity. Jurisdictional immunity denotes that a country or a state is free from the jurisdiction of foreign national courts (Geddes, 2019). Sovereign immunity doctrine falls under the Foreign Sovereign Immunities Act of the USA constitution. The Americans inherited the concept of Sovereign Immunity from the English common law of Maxim which states, 'rex nonpotest peccare.' The English common law mentioned above means, a king can do no wrong (Geddes, 2019).

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On the other hand, Tribal Sovereign Immunity is a principle under the common law of the American constitution, which denotes the immunity of tribes from lawsuits without their consent. Tribal Sovereign Immunity is also the authority that the native tribes possess hence able to govern themselves within the borders of the USA (Andersen, 2018). The American federal states note that the native tribes exist as domestic independent nations hence the need for Tribal Sovereign Immunity.

Sovereign Immunity Doctrine turned into a position of challenge between significant estimations of constitutionalism. From one viewpoint, constitutionalism involves a responsibility that the legislature ought to be restricted by law and responsible under law for the insurance of central rights; if the "substance of common freedom" is that the law gives solutions for infringement of rights, vaccinating government from common cures is in impressive pressure with everything except the most formalist understandings of law and rights. On the other hand, a duty to popularity based decision making may underlie legal wavering about applying the normal law of solutions for bear access to the open fisc to fulfill private claims without clear authoritative approval

The Sovereign Immunity doctrine applying to the state, the federal government and the native tribes in America, all fall under the common law of the USA constitution. The Sovereign Immunity in the American constitution aims at protecting the state, the federal government and the native tribes in America from unaware lawsuits. For instance, the federal sovereign immunity prevents the federal government from being sued without its full consent. Second, the state sovereign immunity protects the state from being sued in the federal courts without its accord. On the other hand, the Tribal sovereign immunity provides protection to the native tribes in America from the federal courts, the state, and the tribal courts. In other words, the sovereign immunity principle provides jurisdictional authority to the state, the federal government and the native tribes in America.

On the other hand, the Sovereign immunity doctrine works differently when applied in different sections within a country. In other words, the state sovereign immunity differs from the federal and tribal sovereign immunity. The state sovereign immunity only applies to the state. Here, the state is able to protect itself and its citizens from foreign lawsuits or federal courts according to the Eleventh Amendment of the American constitution. The Eleventh Amendment took place in 1795 to reaffirm the state sovereign immunity. Second, the federal government sovereign immunity protects the federal government from being sued without its consent in the law courts. Here, informing the government of its crime comes first before the lawsuits. Also, the federal government sovereign immunity or jurisdiction from district courts is reaffirmed by Title 28 U.S.C. 1331 (Geddes, 2019). While the Tribal sovereign Immunity only applies to the indigenous tribes in America. Here, the principle of Tribal sovereign immunity denotes that, the native tribes in America exists as domestic independent states. In other words, the native tribes possess the authority to govern and control their own affairs. The Tribal sovereign immunity prevents that Native American tribes from being sued by the federal government, the state and the tribal courts without their agreement.

The Sovereign Immunity enjoyed by the state, the federal government and the native tribes in America get controlled by different forms of authority in the country. For instance, the state's and federal government's immunity is controlled by the American constitution while the Tribal sovereign immunity gets revoked and controlled by the federal government with reference to the USA constitution.

The USA federal government recognized the existence of different native tribes in America as domestic independent states (Andersen, 2018). The act of independence among different states in America triggered the government to come up with different laws leading to the easy understanding of the relationship between the tribal, state and federal government. The laws also aimed at giving native tribes a form authority to govern themselves hence the formation of Tribal Sovereign Immunity. Also, Tribal Sovereign Immunity is reaffirmed by the Fourteenth Amendment of the USA constitution. The tribal sovereign doctrine is still enjoyed up to date by the American citizens. On the other hand, the immunity does not extend to tribe members (Andersen, 2018). For instance, when a tribe official decides to act outside the scope of their tribal immunity or tribal authority, then he or she is not immune hence faces the lawsuits. The tribal sovereign immunity operates within a given jurisdiction or authority. Tribe officials ought to act within the given jurisdiction so as to enjoy the tribal sovereign immunity.

References

Andersen, B. (2018). Tribal Sovereign Immunity at the Patent and Trademark Office. J. Pat. & Trademark Off. Soc'y, 100, 332.

Geddes, K. G. (2019). Sovereign Immunity for Rent: How the Commodification of Tribal Sovereign Immunity Reflects the Failures of the US Patent System. Fordham Intellectual Property, Media and Entertainment Law Journal, 29(3), 429.