What legal concept protects the state from being sued without its consent?

Sovereign immunity is the legal concept that protects the state and its agencies from being sued without their consent. This principle arises from the historical notion that the sovereign, or the government, cannot be subjected to lawsuits without its permission. The rationale behind sovereign immunity is to maintain the integrity and function of the government, allowing it to operate without the constant threat of litigation that could drain resources or impede its functions.

This legal doctrine extends to various levels of government and covers many functions, meaning that, in general, individuals cannot bring lawsuits against the state unless it has waived its right to immunity, which may occur under specific statutes or situations. Understanding sovereign immunity is crucial for grasping matters of governmental accountability and the relationship between individuals and the state.

The other concepts mentioned, such as qualified immunity and absolute immunity, pertain to protections for individuals, particularly government officials, in the context of personal liability during their official duties. Parens patriae refers to the state's role as guardian for those who are unable to care for themselves, such as minors, and is not related to the concept of immunity from lawsuits.