“Immunity” being the immunity of the sovereign. I do not understand how we can embrace this concept as a country 250 years after breaking free of monarchy.
Yes, and I’m not being hyperbolic. If you read early American caselaw explaining the rationale of sovereign immunity, the logic is that in monarchies it drives from the divine right of the sovereign. When we became independent we kept that legal concept, but the judges said that it derived from the will of the electorate rather than the divine right of the sovereign. Of course, the functional outcome was the same…
“Immunity” being the immunity of the sovereign. I do not understand how we can embrace this concept as a country 250 years after breaking free of monarchy.
As a non-American, I find that whole concept absurd - and that’s before learning of its ties to monarchy!
Yes, and I’m not being hyperbolic. If you read early American caselaw explaining the rationale of sovereign immunity, the logic is that in monarchies it drives from the divine right of the sovereign. When we became independent we kept that legal concept, but the judges said that it derived from the will of the electorate rather than the divine right of the sovereign. Of course, the functional outcome was the same…