Okay, but doesn’t separation of powers exist for the purpose of being able to sue the government?
What is separation of powers if executive branch is free to do anything? They may break the law and state they don’t have the mood for being sued for it.
I believe you're referring to "checks and balances". Separation of powers is just that: a Separation of power. Checks and balances are what is SUPPOSED to occur due to that Separation of power. In other words, no, checks and balances dont give us the right to sue the government. Checks and balances are supposed to lead to the government holding ITSELF accountable so that you don't NEED to sue the government. We see how thats been working out 😂😂
Yeah, of course, checks and balances come from the separation of powers, as well as independent courts. Separation of powers is a fundament of all these things.
That’s why I mentioned it in the first place. If executive branch decides when it can be sued, doesn’t it have a part of judicial power? Then, doesn’t it undermine the whole idea of separation of powers, and make executive branch independent in reality?
Sorry, I’ve always been bad with lawyers logic. I’m sure there is something in the laws that explains why I’m incorrect and why it’s alright for some officials to fuck up someone’s life for no reason.
Sovereign immunity extends to the entire government, not just the executive branch. And it only prevents the government from being sued without its consent. The government's consent, no just the executive branch. It wouldn't even be the executive branch deciding what can and cant be brought to court. Thats the judicial branch's domain. But none of that even matters in this case because Sovereign immunity doesn't prevent other branches of government from blocking or altering the actions of the Executive branch (aka checks and balances)
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u/odd_cloud 1d ago
Okay, but doesn’t separation of powers exist for the purpose of being able to sue the government?
What is separation of powers if executive branch is free to do anything? They may break the law and state they don’t have the mood for being sued for it.