(or ) is a
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
phrase
In grammar, a phrasecalled expression in some contextsis a group of words or singular word acting as a grammatical unit. For instance, the English language, English expression "the very happy squirrel" is a noun phrase which contains the adject ...
meaning "listen to the other side", or "let the other side be heard as well". 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.
"Audi alteram partem" is considered to be a principle of
fundamental justice or
equity or the principle of natural justice in most
legal system
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
s. This principle includes the rights of a party or its lawyers to confront the
witness
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.
A witness might be compelled to provide testimony in court, before a grand jur ...
es against them, to have a fair opportunity to challenge the
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
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.
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
Ancient Greek (, ; ) includes the forms of the Greek language used in ancient Greece and the classical antiquity, ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Greek ...
dramatists. A similar principle can also be found in Islamic law, based on a
hadith
Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
indicating that in litigation, both parties must be heard. The principle was referred to by the
International Court of Justice
The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
in the ''Nuclear Tests'' case, referring to
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
's non-appearance at judgment. Modern legal systems differ on whether individuals can be convicted ''
in absentia
''In Absentia'' is the seventh studio album by British progressive rock band Porcupine Tree, first released on 24 September 2002. The album marked several changes for the band, with it being the first with new drummer Gavin Harrison and the f ...
''. The principle is used in
labour law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
matters in countries like South Africa and Zimbabwe.
The phrase, in its Latin form, is the official motto of the
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court, the highest court of the judiciary of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the ...
.
See also
*
*
Right of reply
*
Trial ''in absentia''
References
{{Use dmy dates, date=November 2020
Brocards (law)
Latin legal terminology
Legal doctrines and principles