Sovereign immunity protects rulers from liability for civil wrongs, but individual representatives can still be held accountable. Governments can waive immunity, and citizens can use lawsuits to challenge the law and force the government to address problems. However, reliance on sovereign immunity can draw the ire of citizens, especially in disputed cases.
Sovereign immunity is a legal concept that dates back to the Middle Ages. Under sovereign immunity, the sovereign cannot be held liable in wrongful actions, with the argument being that since the sovereign makes the law, it is impossible for the sovereign to commit civil wrongs. This concept has been integrated into the legal systems of a number of nations around the world, although it is controversial in some regions.
This concept was developed, of course, by literal rulers who wanted to protect themselves from popular grievances. It was often used as a tool of repression, making it difficult for citizens to find redress when the government committed civil wrongs. In modern usages, however, it refers to a ruler in the sense of rulership. Governments of nations are considered protected by sovereign immunity, but individual government representatives can still be held accountable for the civil wrongs they commit. Being the president or prime minister of a country, for example, does not absolve one from responsibility.
Originally, this liability protection was used as a general shield, limiting opportunities for citizens to sue the government. Over time, the concept has evolved. The government can waive immunity or acquiesce to a specific lawsuit, and several governments have actually passed sweeping laws waiving immunity for most lawsuits, giving citizens the right to sue the government in civil cases. When the government is taken to court, a representative appears on behalf of the government during the trial.
Different nations apply sovereign immunity laws differently and may have protections even at lower levels of government. Citizens of nations that allow lawsuits can use lawsuits to challenge the law, to force the government to address the problems it is responsible for, and for other reasons. Such lawsuits often involve multiple citizens who are presented by highly skilled attorneys.
As sovereign immunity is increasingly strained in many areas of the world, when governments rely on this legal principle to avoid lawsuits, they sometimes draw the ire of their population. Citizens can accuse the government of hiding behind the sovereign immunity clause, rather than being willing to face its day in court. This can be especially controversial in disputed cases where citizens may feel they are being silenced or ignored by the government. Sometimes governments may have good reasons for not wanting to go to court, such as national security concerns, but this reasoning is not always accepted by angry citizens.
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