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act of state doctrine

The act of state doctrine is a court-made (common law) doctrine that prohibits U.S. courts from judging the validity of the official acts of a foreign country that take place within that foreign country's borders.

In Florida, as in other U.S. states, the act of state doctrine is recognized and applied based on federal common law, rather than state statutes. This doctrine holds that U.S. courts will generally refrain from evaluating the legality or validity of official acts conducted by a foreign sovereign within its own territory. The rationale behind this doctrine is to respect the sovereignty of foreign nations and to avoid conflicts in foreign relations that could arise from the judicial assessment of such acts. While the act of state doctrine is not codified in Florida statutes, it is applied by federal courts, including those in Florida, in accordance with U.S. Supreme Court precedents and federal case law. It is important to note that there are exceptions to this doctrine, such as when a U.S. statute or treaty explicitly indicates that certain foreign acts may be subject to judicial scrutiny.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Civil litigation

act of state doctrine

Articles