Nemo iudex in causa sua
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Nemo judex in causa sua (or nemo judex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in his own cause. It is a principle of natural justice that no person can judge a case in which they have an interest.[1] 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".[2]
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.
See also
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ R v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] All ER 233
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