What does the Georgia Constitution say about sovereign immunity?

What does the Georgia Constitution say about sovereign immunity?

• A. The state cannot be sued under any circumstances.
• B. Citizens can sue the state and local government; the state may waive immunity in specific situations.
• C. The state is immune from any liability unless mandated by federal law.
• D. Local governments have no immunity while the state does.

Answer: (B)

In Georgia, sovereign immunity means the state cannot be sued unless it consents or its immunity is waived by law. The Constitution recognizes this limit but allows waivers in specific situations, so citizens can sue the state and local governments when the legislature has provided consent. That’s why the best statement is that the state and local government can be sued, but only because immunity has been waived in particular circumstances. The other views aren’t accurate: immunity isn’t absolute and unlimited, it isn’t guaranteed only by federal law, and both the state and local governments generally have immunity that can be waived, not that one has immunity while the other does not.

In Georgia, sovereign immunity means the state cannot be sued unless it consents or its immunity is waived by law. The Constitution recognizes this limit but allows waivers in specific situations, so citizens can sue the state and local governments when the legislature has provided consent. That’s why the best statement is that the state and local government can be sued, but only because immunity has been waived in particular circumstances. The other views aren’t accurate: immunity isn’t absolute and unlimited, it isn’t guaranteed only by federal law, and both the state and local governments generally have immunity that can be waived, not that one has immunity while the other does not.