Law · Legal Information · Justice
 

Audi alteram partem

Latin; literally 'hear the other side'.

Latin; literally "hear the other side".

The maxim means, in law, that no person shall be condemned, punished or have any property right deprived, unheard.

A principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard.

Habeas corpus was an early expression of the audi alteram partem principle.

In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard at that hearing.

The expression received this endorsement from the US Supreme Court (1958, Caritativo v. People of State of California 357 US 549):

"Audi alteram partem - hear the other side! - a demand made insistently through the centuries, is now a command, spoken with the voice of the due process clause of the 14th Amendment, against state governments, and every branch of them - executive, legislative, and judicial - whenever any individual, however lowly and unfortunate, asserts a legal claim.

"It is beside the point that the claim may turn out not to be meritorious. It is beside the point that delay in the enforcement of the law may be entailed ...

"The right to be heard somehow by someone before a claim is denied, particularly if life hangs in the balance, is far greater in importance to society, in the light of the said history of its denial, than inconvenience in the execution of the law. If this is true when mere property interests are at stake ... how much more so when the difference is between life and death?"

Latest LagMag headlines:

China Politburo - Take A $%##@!@@ Hike

A lone student stands-down a row of four communist tanks and still, 19 years later, lawyers and international law experts with far less courage, ... tremble and wait.

Banning the Use of Hand-Held Cell Phones While Driving

What is with banning hand-held cell phone use while driving that's so difficult for law-makers? Maybe this will help: The Emperor has no clothes! The Emperor has no clothes!

Birthday Legal Information Ramblings

It only takes two psychiatrists to lock someone away. Birthday or not, here's enough to find ten.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top