Sovereign immunity
Legal doctrine shielding sovereigns from suit in their own courts.
Sovereign immunity originated from the classical concept that a sovereign could not be subjected to another's jurisdiction without approval.[1] The legal maxim "the king can do no wrong" (rex non potest peccare) is a popular expression of this rule.[1] Statutory law has progressively narrowed the extent of Crown immunity in numerous countries.[2]
Quick Facts
- Field
- Legal doctrine
- Known for
- Immunity of sovereign or state from civil suit and criminal prosecution in its own courts
- Forms
- Immunity from suit (adjudication) and immunity from enforcement
Facts from the source article.
Key facts and history
As of 1994, Alberta's Interpretation Act stated that no enactment binds His Majesty unless it expressly says so.[2] All Canadian provinces and the federal government have passed legislation leaving the Crown liable in tort like a normal person.[2] Since 1918, provincial legislatures in Canada cannot bind the federal Crown.[3] The landmark case Henderson v Defence Housing Authority in 1997 established tests for applying state laws to the Commonwealth.[4]
Because the sovereign historically established the courts in constitutional monarchies, those courts lacked the authority to compel the sovereign.[1] In Australia, a statute is rebuttably presumed not to bind the Crown.[5] The Crown Proceedings Act 1947 made the Crown liable as of right in proceedings for tort and contract in the UK.[5] The monarch of the UK remains personally immune from criminal and civil actions.[5]
What the cited sources add
Police are barred from entering the private Balmoral and Sandringham estates without the Queen's permission to investigate suspected crimes.[6] The monarch's immunity extends to a private salmon fishing business at Balmoral.[6] China's Foreign State Immunity Law, passed in 2023, changed China's sovereign immunity regime to a restrictive one.[7][8] Under that law, a foreign state does not enjoy immunity in proceedings arising from commercial activities in China.[7]
The law also provides that a foreign state does not enjoy immunity for compensation claims from personal injury or property damage caused in China.[7]
References
- Wikipedia, "Sovereign immunity" (CC BY-SA 4.0), which cites: Broom, "A Selection of Legal Maxims, Classified and Illustrated", T. & J.W. Johnson, March 25, 1845 (original not read by us) en.wikipedia.org
- Wikipedia, "Sovereign immunity" (CC BY-SA 4.0), which cites: The law was passed during the reign of Elizabeth II, but now uses male pronouns after amendment by the Demise of the Crown (Statutes) Amendment Regulation,; Alberta Law Reform Institute, "The Presumption of Crown Immunity", Alberta Law Reform Institute, July 1994 (we also read that source) en.wikipedia.org
- Wikipedia, "Sovereign immunity" (CC BY-SA 4.0) en.wikipedia.org
- Wikipedia, "Sovereign immunity" (CC BY-SA 4.0), which cites: "The Commonwealth's Implied Constitutional Immunity From State Law - Legal Briefing Number 36", Australian Government Solicitor, 30 August 1997 (original not read by us) en.wikipedia.org
- Wikipedia, "Sovereign immunity" (CC BY-SA 4.0), which cites: ; (original not read by us) en.wikipedia.org
- "Revealed: Queen's sweeping immunity from more than 160 laws", The Guardian, 2022-07-14. facts only, no text reused. theguardian.com
- "The Law of the People's Republic of China on Foreign State Immunity", en.npc.gov.cn.cdurl.cn. facts only, no text reused. en.npc.gov.cn.cdurl.cn
- Wikipedia, "Sovereign immunity" (CC BY-SA 4.0), which cites: "The Law of the People's Republic of China on Foreign State Immunity", en.npc.gov.cn.cdurl.cn (we also read that source) en.wikipedia.org
Each numbered sentence above was checked against the source it cites before publication. Sentences citing Wikipedia adapt text from the English Wikipedia article Sovereign immunity (contributors), used under CC BY-SA 4.0; this entry is available under the same licence. Other sources were used for facts only; no text or images are copied from them.
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