Audi alteram partem
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Audi alteram partem (or audiatur et altera pars) is a Latin phrase that means, literally, hear the other side, and is generally interpreted in English as hear both sides.
It stands for the principle that no one should be condemned without a hearing in which they are given the opportunity to respond to the accusations against them. It is considered a principle of fundamental justice or fairness in most legal systems that the accused should be afforded the right to confront the witnesses against the accused and to examine the evidence presented by the state or prosecution in the process of determining guilt or culpability.
It was used by the International Court of Justice in the Nuclear Tests case, referring to the concern of France's non-appearance at judgment.[1] Today, legal systems differ on whether individuals can be convicted in absentia.
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 dramatists. [2]
The Audi automobile company derived its name from this phrase.[3]
[edit] References
- ^ Nuclear Tests, 1974 I.C.J. 265.
- ^ e.g. Aeschylus, The Eumenides 431, 435
- ^ (1996) A History of Progress - Chronicle of the Audi AG. Audi AG, Public Relations, 30. ISBN 0-8376-0384-6.
