Nemo judex in sua causa
Encyclopedia
Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin
phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice
that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done".
May also be called:
The other principle of natural justice is "Hear the other party" (Audi alteram partem
or "The right to hearing") otherwise put "Reasonable opportunity must be given to each party, to present his side of the case".
The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done".
May also be called:
- nemo iudex idoneus in propria causa est
- nemo iudex in parte sua
- nemo debet esse iudex in propria causa
- in propria causa nemo iudex
The other principle of natural justice is "Hear the other party" (Audi alteram partem
Audi alteram partem
Audi alteram partem is a Latin phrase that literally means "hear the other side" or "hear the alternative party"...
or "The right to hearing") otherwise put "Reasonable opportunity must be given to each party, to present his side of the case".
The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing.