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The political history of the United States has played a major role in establishing current positive law. The sovereign immunity enjoyed by government up until the immediate post‑war period has its roots in British common law. Despite the prominent role of case law in the United States, it is the legislature that has allowed to hold government responsible for its wrongdoings. The principle of separation of powers and the difficulty of reconciling the independence of the executive and judicial review explain the current balance of positive law in favour of government in the United States. However, the dialectic opposing the principle of separation of powers and the affirmation of individual liberties will ensure further development of this issue, informing us of the values of American society.