''Nemo judex in causa sua'' (; also written as , , 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 ...

brocard that translates as "no one is judge in his own case". Originating from Roman law, it was crystallized into a phrase by

Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...

in the 17th century and is now widely regarded as a fundamental tenet 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 conc ...

and

constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...

. It states that no one can judge a case in which they have an interest. In some jurisdictions, the principle is strictly enforced to avoid any appearance of bias, even when there is none: as

Lord Chief Justice The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...

Hewart laid down in '' Rex v. Sussex Justices'', "Justice must not only be done, but must also be seen to be done".

History

The Latin brocard has its origins in the Roman legal tradition and is codified within the

Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred ...

. In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" () (Code 3.5.1). Additionally, the '' Digest'' records Julianus's statement that "it is unfair for someone to be the judge of their own affairs" () (Digest 5.1.15-17). From these Roman sources, the principle has endured into modern times and can be traced in

Martin Luther Martin Luther ( ; ; 10 November 1483 – 18 February 1546) was a German priest, Theology, theologian, author, hymnwriter, professor, and former Order of Saint Augustine, Augustinian friar. Luther was the seminal figure of the Reformation, Pr ...

's 1526 work ''Whether Soldiers, Too, Can Be Saved'' (, meaning "no one should be their own judge"), in

Ulrich Zwingli Huldrych or Ulrich Zwingli (1 January 1484 – 11 October 1531) was a Swiss Christian theologian, musician, and leader of the Reformation in Switzerland. Born during a time of emerging Swiss patriotism and increasing criticism of the Swis ...

's ''In Exodum'' (1527) in

Jean Bodin Jean Bodin (; ; – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. Bodin lived during the aftermath of the Protestant Reformation and wrote against the background of reli ...

's ''The Six Books of the Republic'' (1576) and in

Hobbes Thomas Hobbes ( ; 5 April 1588 – 4 December 1679) was an English philosopher, best known for his 1651 book ''Leviathan'', in which he expounds an influential formulation of social contract theory. He is considered to be one of the founders ...

's ''

Leviathan Leviathan ( ; ; ) is a sea serpent demon noted in theology and mythology. It is referenced in several books of the Hebrew Bible, including Psalms, the Book of Job, the Book of Isaiah, and the pseudepigraphical Book of Enoch. Leviathan is of ...

'' (1651) ("And seeing every man is presumed to do all things in order to his own benefit, no man is a fit Arbitrator in his own cause"). In the 17th century, the English jurist

turned the idea into a phrase when he wrote that "it is a maxim in law ". Coke used the principle to instruct the king that he could not personally judge a dispute between himself and his subject. Moreover, In the famous Bonham's Case of 1610 Coke ruled that the College of Physicians could not sit as judges in a case to which they were a party, and he was understood also to have affirmed that the principle could not be overridden by statutory provision. Since then, the rule against bias has been recognised as a fundamental tenet of

in the

common law tradition Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

and a cornerstone of

. The maxim has been invoked by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

in various cases, such as the 1798 case '' Calder v. Bull'' ("a law that makes a man a Judge in his own cause ... is against all reason and justice") and the 1974 case '' Arnett v. Kennedy'' ("we might start with a first principle: ' man shall be a judge in his own cause.' ''Bonham's Case'', 8 Co. 114a, 118a, 77 Eng. Rep. 646, 652 (1610)").

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History

See also

References

Sources

Further reading