Sunday, 30 January 2022

Audi alteram partem

 Audi Alteram Partem


 

Introduction

This maxim means “hear the other side” or no man should be unheard, both the parties have an opportunity of being heard. Justice will be given to both parties. Audi alteram partem is from the Latin phrase “auditor et altera pars”. Its meaning is also the same as hearing the other side. This is a very strong rule which means no one will be judged without a fair hearing. The motive of this maxim is to provide an opportunity for the other party to respond to the evidence against him.

Meaning of maxim

This principle has been used to achieve fairness and justice for those who have been harmed. It is mostly used in the realm of administrative activity. The technique used should be just and equitable. The individual should be allowed to defend himself in a court of law. Even if he says what is right, he would not have done what is right if he decided without hearing the opposing side. The principle of hearing is essentially a code of procedure that applies to every stage of an administrative jurisdiction's process, from notice to conclusion.


It was said by De Smith that “No suggestion can be more obviously settled than that a man can’t cause the loss of freedom or property for an offense by a legal continuing until he has had a reasonable chance of noting the body of evidence against him”. A person will not suffer unless and until he had an opportunity of being heard. This is the primary rule of the humanized statute and is acknowledged by the laws of men and god. Before any order is passed against any person, a sensible chance of being heard must be given to him. In this maxim two principles are considered that is fundamental justice and equity.


Essential elements


Notice

Before taking any action against the party who is aggrieved. To provide a cause against the intended action and pursue his application, they must be given notice. If an order is issued without prior warning, it violates the concept of natural justice and is void ab initio or void from the start.

Hearing

A fair hearing is the second most important aspect of Audi alteram partem. If the authority issues an order without hearing the party or providing him with an opportunity to be heard, it will be deemed invalid.

Evidence

Evidence is a crucial component presented to the court when both parties are present, and the judicial or quasi-judicial authority will act on the evidence presented to the court.

Cross-examination

The court should not oblige the individual in question to expose himself or the evidence that will be used against him, but they should be given the option to deny the evidence. The question of whether or not a witness will be cross-examined arises.

Legal Representation 

Genuinely, legal counsel in authoritative arbitration isn't recognized as a necessary part of the fair hearing. However, in some cases, if the right to legal representation is not denied, it amounts to a violation of natural justice.

 

 


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