Parens Patriae
Literal meaning: “Parent of the nation; parent of the fatherland”
What does the Latin term "Parens Patriae" mean in law?
Parens patriae is the doctrine under which the state acts as the guardian or protector of persons who are unable to care for themselves, including minors, the mentally incompetent, and the general public. The doctrine provides the legal basis for the state's intervention in matters of child welfare, involuntary commitment of the mentally ill, and public health and safety regulation. In antitrust and environmental litigation, state attorneys general frequently bring parens patriae actions on behalf of their state's citizens to recover damages or seek injunctive relief. The doctrine is rooted in the English common law concept of the sovereign as the ultimate guardian of persons under disability. Parens patriae standing requires the state to demonstrate that it has a quasi-sovereign interest distinct from the private interests of individual citizens.
Source: Constitutional · Legal Latin
Legal Definition
Parens patriae is the doctrine under which the state acts as the guardian or protector of persons who are unable to care for themselves, including minors, the mentally incompetent, and the general public. The doctrine provides the legal basis for the state's intervention in matters of child welfare, involuntary commitment of the mentally ill, and public health and safety regulation. In antitrust and environmental litigation, state attorneys general frequently bring parens patriae actions on behalf of their state's citizens to recover damages or seek injunctive relief. The doctrine is rooted in the English common law concept of the sovereign as the ultimate guardian of persons under disability. Parens patriae standing requires the state to demonstrate that it has a quasi-sovereign interest distinct from the private interests of individual citizens.
How It's Used
State attorneys general invoke parens patriae to bring suit on behalf of their citizens in matters affecting the public welfare, from antitrust violations to environmental contamination. The doctrine also provides the legal foundation for the juvenile justice system and child protective services.
Example Sentences
The state attorney general filed a parens patriae action against the pharmaceutical company on behalf of consumers who had been overcharged for prescription drugs.
Under its parens patriae authority, the state intervened to remove the children from a home where they were being neglected.
The Supreme Court held that the state had parens patriae standing to challenge the upstream pollution because it affected the health and welfare of the state's citizens.