Sovereign immunity (also known as governmental immunity) in American law was derived from the British common law doctrine that the King could do no wrong—and thus could not be sued. Sovereign immunity varies from state to state, but typically applies to state governments as well as the federal government.

But federal and state governments (generally the U.S. Congress and state legislatures) have the ability to waive their sovereign immunity. Waivers of sovereign immunity are usually included in state and federal statutes, and interpreted and applied by state and federal courts in court opinions.

For example, sovereign immunity protects the state and its various provisions of state government—including agencies, boards, hospitals, and universities—from liability and from suit—unless the immunity has been waived. Similarly, sovereign immunity protects political subdivisions—including counties, cities, and school districts—from liability and from suit—unless the immunity has been waived.

Thus, sovereign immunity encompasses two principles: (1) immunity from suit and (2) immunity from liability. Immunity from suit bars a suit against the state or other governmental entity unless the Legislature expressly gives consent. Immunity from liability protects the state or other governmental entity from judgments even if the Legislature has expressly given consent to sue.

In some states, when a governmental entity contracts, it is liable on contracts made for its benefit as if it were a private person. Consequently, when a governmental entity contracts with private citizens it waives immunity from liability. But the governmental entity does not waive immunity from suit simply by contracting with a private person. Legislative consent to sue is still necessary.

A party may establish legislative consent by referencing a statute or a resolution granting express legislative permission. Legislative consent to sue the state or other governmental entity must be expressed in clear and unambiguous language.

In Hawaii, sovereign immunity is a legal doctrine that prevents the state government, its agencies, and political subdivisions from being sued or held liable in court without their consent. This principle is rooted in the idea that the state cannot commit a legal wrong and is therefore immune from civil suits or criminal prosecution. However, like other states, Hawaii can waive this immunity through legislative action. The Hawaii State Legislature can pass laws that explicitly allow the state or its entities to be sued under certain circumstances. For example, the Hawaii Tort Liability Act allows for some waivers of sovereign immunity, permitting individuals to sue the state for specific tort claims. Additionally, when a governmental entity in Hawaii enters into a contract, it may be liable on that contract as if it were a private party, effectively waiving immunity from liability, but not from suit. To sue the state or its entities, explicit legislative consent is required, which must be clearly and unambiguously stated in a statute or resolution. It's important to note that even with legislative consent, there may be limitations on the types of claims that can be brought and the amount of damages that can be awarded.