What does sovereign immunity protect against?

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Sovereign immunity is a legal doctrine that provides protection to government entities and officials from being sued for civil damages unless certain criteria are met. The principle is rooted in the idea that the state cannot commit a legal wrong and is therefore immune from civil suits or criminal prosecution. This immunity varies by jurisdiction and there are often specific conditions under which a government entity may be held liable, such as when there is a breach of duty or when a government official acts outside the scope of their employment.

The distinguishing characteristic of sovereign immunity is that it does not grant absolute protection from lawsuits; instead, it offers liability protection only under defined circumstances. For example, many legal systems have established exceptions to sovereign immunity in cases of negligence or wrongful acts, typically when the government has waived its immunity or when a particular statute allows for lawsuits in specific contexts.

Considering this, the reasoning aligns with the definition of sovereign immunity, emphasizing that while government officials and entities have a degree of protection from civil damages, they are not completely shielded from legal action if certain criteria are satisfied. This nuanced understanding reinforces the concept that, while immunity is substantial, it is not all-encompassing.

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