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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.

The act of state doctrine is a principle in U.S. law that prevents American courts from questioning the validity of public acts performed by a foreign government within its own territory. This doctrine is based on the principles of sovereignty and respect for other nations, which dictate that a state should not call into question the internal actions of another sovereign state in its own courts. In Kansas, as in other states, federal common law, rather than state statutes, primarily governs the application of the act of state doctrine. This means that while Kansas courts may apply the doctrine, they do so in accordance with federal case law and the U.S. Constitution. The U.S. Supreme Court has provided guidance on the doctrine, which lower federal and state courts must follow. However, the doctrine is not absolute and can be subject to certain exceptions, such as when a U.S. statute or treaty explicitly contradicts the foreign act in question.

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Civil litigation

act of state doctrine

Individual & Family Legal Plan

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Kansas State Code

Kansas State Code

Civil litigation

act of state doctrine

Articles