Sovereign Immunity Or the Rule of Law: The New Federalism's Choice"Sovereign Immunity or the Rule of Law suggests a fresh look at the doctrine of sovereign immunity through the lens of political philosophers whose writings were well known to the people who framed and ratified the United States Constitution. Some of those philosophers espoused theories of sovereignty that logically compelled sovereign immunity. John Locke, the philosopher upon whom the former colonists predominantly relied, espoused a theory of sovereignty that, by contrast, cannot tolerate the idea of sovereign immunity - a government not answerable to its own laws or to the instrument that gave it life. Donald L. Doernberg argues that the United States Constitution exists for no purpose other than to restrain government power, and that to declare the government immune from accountability under it is a profanation of our political and philosophical history."--BOOK JACKET. |
What people are saying - Write a review
We haven't found any reviews in the usual places.
Common terms and phrases
abstention accompanying text action activity American appear apply approach argued assertion authority Bodin century citizens civil claims clear clearly Commerce Clause common concept concern Congress consent constitutional contract course created decision discussed dissenting doctrine effect Eleventh Amendment enforce English established example exercise exist federal courts federal government force hand Hobbes human idea important individual infra notes interest involved issue John judge judicial jurisdiction Justice king language least legislative limited Locke Locke's majority matter means ment nature never officials omitted opinion original permit person plaintiffs political position possible principle proceedings Professor protection Pufendorf question reason recognized referred regulate relief remedy respect result rule of law seeking simply society sovereign immunity sovereignty statute suit supra note Supreme Court things thought tion tort U.S. Const Union United violated Young
Bibliographic information
| Title | Sovereign Immunity Or the Rule of Law: The New Federalism's Choice |
| Author | Donald L. Doernberg |
| Publisher | Carolina Academic Press, 2005 |
| Original from | the University of Virginia |
| Digitized | Sep 27, 2007 |
| ISBN | 1594600120, 9781594600128 |
| Length | 254 pages |
| Export Citation | BiBTeX EndNote RefMan |