19
submitted 7 months ago by jackpot@lemmy.ml to c/asklemmy@lemmy.ml
top 4 comments
sorted by: hot top controversial new old
[-] kirklennon@kbin.social 24 points 7 months ago

The government has sovereign immunity and can be sued only when it allows itself to be sued, such as under the Federal Tort Claims Act.

[-] jackpot@lemmy.ml 4 points 7 months ago

why would it ever let itself be sued

[-] kirklennon@kbin.social 15 points 7 months ago

Because we have an elected government. If the government causes somebody a loss, voters, and by extension their representatives, and by extension, the government itself, wants to make them whole. Without allowing lawsuits, the only option is passing individual laws for each possible claim, and also creating a way to adjudicate those claims. We already have courts to handle the exact same kinds of issues between private parties. Congress decided to let it apply to the government too, when appropriate.

[-] JoBo@feddit.uk 4 points 7 months ago

Because it is not yet an authoritarian state. Liberal democracies rarely live up to the high-minded ideals that underpin their political system but if the government excludes itself from the rule of law, it is no longer a liberal democracy.

this post was submitted on 27 Jan 2024
19 points (82.8% liked)

Asklemmy

43331 readers
1715 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy ๐Ÿ”

If your post meets the following criteria, it's welcome here!

  1. Open-ended question
  2. Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
  3. Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
  4. Not ad nauseam inducing: please make sure it is a question that would be new to most members
  5. An actual topic of discussion

Looking for support?

Looking for a community?

~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~

founded 5 years ago
MODERATORS