Confusion Over Sovereign Immunity : What is Article II, Section 18 About?

Authors

Anthony Johnstone, Alexander Blewett III School of Law at the University of MontanaFollow

Document Type

Article

Publication Date

3-2017

First Page

16

Volume

42

Issue

5

Source Publication Abbreviation

Mont. Law.

Abstract

Sovereign and personal immunities are a complex inheritance of both constitutional and common law. Article II, Section 18 of the Montana Constitution concerns only one strand of sovereign immunity doctrine, the tort liability of the state. Although there may be good arguments in law and justice for abolition, federal and state courts have long established the sovereign and personal immunities that were untouched by the state constitutional waiver of tort liability immunity.

Recommended Citation

Johnstone, Anthony, "Confusion Over Sovereign Immunity : What is Article II, Section 18 About?" (2017). Faculty Journal Articles & Other Writings. 127.
https://scholarworks.umt.edu/faculty_barjournals/127