The development of sovereign immunity in the UK in the late XIX - early XXI century (part three)

Abstract

The article extends the cycle of works on the problem of sovereign immunity in English law. The author assumes that vagueness between absolute sovereign immunity doctrine and due process in English law leads to the change of interpretation of “The King Can Do No Wrong” doctrine. The Crown Proceedings Act 1947 was adopted in order to preserve the fundamental principles of the British constitution and implement separate grounds for claims against the British sovereign. This part of the research reveals why the absolute doctrine of sovereign immunity was replaced by a restrictive approach in the light of adoption of The Crown Proceedings Act and judicial review in The Porto Alexandre (1920) and The Philippine Admiral (1973) precedents.