Audi alteram partem
From Wikipedia, the free encyclopedia
Audi alteram partem (or audiatur et altera pars) is a Latin phrase that means, literally, hear the other side.[1] 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.[2]
The Presumption of innocence is considered a principle of fundamental justice or equity 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.
[edit] 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 dramatists.[3]
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.[4]
Today, legal systems differ on whether individuals can be convicted in absentia.
[edit] References
- ^ audi alteram partem - Definition from the Merriam-Webster Online Dictionary
- ^ Audi alteram partem
- ^ e.g. Aeschylus, The Eumenides 431, 435
- ^ Nuclear Tests, 1974 I.C.J. 265.
