Audi alteram partem

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Decorative 18th century door piece from the Vierschaar (city tribunal) in City Hall of The Hague, by Jacob de Wit, illustrating audi alteram partem.

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well".[1] It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.[2]

"Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.[3]

History of use

As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists.[4] A similar principle can also be found in Islamic law, based on a hadith indicating that in litigation, both parties must be heard.[5] The principle was referred to by the International Court of Justice in the Nuclear Tests case, referring to France's non-appearance at judgment.[6] Modern legal systems differ on whether individuals can be convicted in absentia. The principle is used in labour law matters in countries like South Africa and Zimbabwe.[7]

The phrase, in its Latin form, is the official motto of the Supreme Court of Illinois.

See also

References

  1. ^ "Definition of AUDI ALTERAM PARTEM". www.merriam-webster.com.
  2. ^ "Audi Alteram Partem Definition". www.duhaime.org. Archived from the original on 14 September 2007. Retrieved 11 September 2007.
  3. ^ Russo, Charles J. (16 June 2011). The Legal Rights of Students with Disabilities: International Perspectives. Rowman & Littlefield Publishers. p. 66. ISBN 978-1-4422-1085-1.
  4. ^ e.g. Aeschylus, The Eumenides 431, 435
  5. ^ Imam Abu Dawud. 2008. Sunan Abu Dawud Vol. 3 (Translated to English by Ahmad Hasan). Riyadh: Darussalam,, Hadith No. 3575, Grade: Hasan
  6. ^ Nuclear Tests (Australia c. France) Archived 15 February 2017 at the Wayback Machine, C. I. J., 20 December 1974, p. 265
  7. ^ "The audi alteram partem rule", NewsDay Zimbabwe, retrieved 12 May 2020