Denisov D.S.

This article dedicates a series of works on the formation and evolution of sovereign immunity in law and practice of the United Kingdom during the period from the XIX to the beginning of the XXI century. The article includes report on the practical implementation of the concept of sovereignty, questions of fact and law, which were the subject of consideration in English courts in case The Parlement Belge (1878–1880), the final decision on which formed a constant precedent for the next eighty years.

This article extends the cycle of works on the problem of sovereign immunity. The accent in this article is the formation of the stable judicial practice of applying absolute sovereign immunity from the end of the XIX — the first half of the XX century.

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.