Nemo Iudex In Causa Sua
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''Nemo judex in causa sua'' (or ''nemo judex in sua causa'') (which, in
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, literally means "no-one is judge in his own cause") is a principle of
natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...
that no person can judge a case in which they have an interest. In many jurisdictions 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". This principle may also be called: * ''nemo judex idoneus in propria causa est'' * ''nemo judex in parte sua'' * ''nemo judex in re sua'' * ''nemo debet esse judex in propria causa'' * ''in propria causa nemo judex'' 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. The phrase is credited to Sir
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...
in the seventeenth century, but has also been attested as early as 1544.


See also

*''
Audi alteram partem (or ) is a Latin phrase 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 evide ...
'' * Judicial disqualification *
List of legal Latin terms A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby unio ...


References


Further reading

* Brocards (law) Legal rules with Latin names Legal doctrines and principles {{law-stub