The fear of judicial legislation' frequently has restrained courts from abrogating the doctrines of sovereign and governmental immunities. While often denounced as "anachronism[s] without rational basis," and as "obsolete vestige[s] of the distant past," the doctrines of governmental and sovereign immunity still remain sacrosanct in a number of jurisdictions. Slightly less than half the jurisdictions have judicially abolished these doctrines. One of the more recurring reasons for the slow demise of these doctrines is the repeated deference of courts to the legislature in this area, either because the immunity is supposedly constitutionally mandated' or because the immunity is so entrenched as to be tantamount to public policy.
Tort Law- Pennsylvania Abrogates Governmental Immunity, But Refuses to Abolish Sovereign Immunity,
U. Rich. L. Rev.
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