Act of State in United States

Act Of State Definition

An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings ip a court of law. This concept of Act Of State is based on The Cyclopedic Law Dictionary.

Act of State Doctrine

The “Act of State Doctrine” says that courts should not decide cases that would interfere with their country’s foreign policy. International Litigation: A Guide to Jurisdiction, Practice and Strategy has a chapter on the Act of State Doctrine.

See Also

International Law

Basic Rules of Foreign Sovereign Immunities Application

In the Foreign Sovereign Immunities Act of 1976

According to research about Act of state from the Federal Judicial Center:Foreign sovereign immunity is sometimes confused by litigants with the “act of state” doctrine. Under that judicially fashioned doctrine, U.S. courts do not “sit in judgment on the validity of the acts” of another government performed under its law and within its own territory.20 However, the U.S. Supreme Court has held that “act of state” issues “only arise when a court must decide—that is, when the outcome of the case turns upon—the effect of official action by a foreign sovereign. When that question is not in the case, neither is the act of state doctrine. Foreign sovereign immunity must also be distinguished from the “political question” doctrine, which can operate to preclude judicial review of claims that call into question the decisions of the legislative and executive branches in matters of foreign policy or national security constitutionally committed to their discretion.22 At the same time, actions against foreign sovereigns in U.S. courts can “raise sensitive issues concerning the foreign relations of the United States,”23 and because the U.S. government has a significant interest in the proper application of the FSIA, its views can be and have been sought in appropriate cases.

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Popular Topics related with Act of state

• Foreign Immunity
• U.S. Foreign Sovereign Immunities Act
• Foreign Sovereign Immunity in International Law
• Immunities Definition
• Immunity Clause
• Immunity of Heads of State
• Jurisdictional Immunities