Does the public have legal recourse if government systems fail to fill gaps
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Respond to this colleagues (BELOW): (a page and please, provide references )
Discussion Topic
Does the public have legal recourse if government systems fail to fill gaps in their framework implementation resulting in harm to a citizen? Explain.
Post from colleague 1
The primary responsibility of any government is to ensure security of lives and properties of every citizen and protect the basic human rights which includes right to life, possessing of properties and expression of freedom within the ambit of the law.
Although the constitution states “Sovereignty Immunity”, which simply means that government cannot be sued without her consent, even if the action committed is legally wrong, the government is immune to civil suit or criminal prosecution.
However, the existence of a law called the Federal Tort Claims Act that makes exceptions to sovereign immunity, that is, it lists situations in which you can in fact sue the government for negligently causing you damage.
My level of knowledge on legal system concerning legal recourse against the government is continually in a progressive mode, but I know that there is no absolute in law. There will always be a loophole to address whatever the issue is in the legal system. This brings me to the conclusion that Yes, legal recourse can be taken against the government system failure to fill gaps in their framework implementation resulting in harm to a citizen, only if the government action causes a “concrete and particularized” harm to them, as opposed to a government action that affects everyone the same, and the interpretation of this will be at the door of the court of law to either uphold the legal recourse or throw it out based on the perspective of the law that is invoked.
Reference
The Cochran Firm DC. (2020). How to sue the Federal Government: Lawsuit against the Fed Government Retrieved from https://www.cochranfirmdc.com/laws-litigation/sue-federal-government-lawsuit-fed-government/
Greenberg, E. F. (2016). When government screws up, sorry, you usually can’t sue them. Retrieved from https://www.ericfgreenbergpc.com/articles/when-government-screws-up-sorry-you-usually-can-t-sue-them/
Posner, E. (2016), Citizens can’t sue the Government for laws they don’t like. Retrieved from https://www.nytimes.com/roomfordebate/2016/05/23/can-citizens-sue-the-government-over-climate-change/citizens-cant-sue-the-government-for-laws-they-dont-like
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