What does the Georgia Constitution say about sovereign immunity and waivers?

• A. The state cannot waive immunity under any circumstances.
• B. Local governments hold sovereign immunity but the state does not.
• C. The state may waive immunity in specific situations.
• D. The state is immune from any liability unless mandated by federal law.

Answer: (C)

Sovereign immunity means the state isn’t liable for every claim unless it has consented to be sued. Georgia treats that immunity as the default, but it can be waived in specific, limited situations when the General Assembly creates an exception or the Constitution provides a pathway for liability. That’s why the correct idea is that the state may waive immunity in particular circumstances. The immunity isn’t absolute, and waivers aren’t automatic; they’re carefully circumscribed by law and constitutional provisions.

The other statements misstate the arrangement: immunity isn’t absolute with no exceptions, the state does have the ability to waive it in defined cases, and federal-law mandates aren’t the sole mechanism for creating waivers in Georgia.