Audi
alteram
partem

Audi Alteram Partem meaning

Audi Alteram Partem is a Latin phrase that meaning "hear the other side" or "hear both sides." In other words, the authority that is hearing the subject is required to provide the party who is likely to be impacted by its judgement the opportunity to present their case to the authority. To "take into consideration the opposing viewpoint" or "give equal weight to both sides of the argument". In other words it is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

Right to a fair trial in UK law

The right to a fair trial is regarded as a fundamental right and is enshrined in Article 6 of the European Convention on Human Rights. It guarantees that anyone accused of a criminal offence has the right to a fair, impartial and public hearing before an independent and competent tribunal. This includes the right to be notified of the charges against them, to have legal representation, to cross-examine witnesses and to call evidence in their defence. The judge also has an obligation to ensure that the trial is conducted fairly and in accordance with the law. Any breach of these rights could result in the case being overturned or the defendant being acquitted. The principle of Audi Alteram Partem, is enshrined in Article 6 ‘hear the other side', ensures that no one shall be condemned without being heard. It ensures that the accused has the right to know the allegations against them, to challenge the evidence brought by the prosecution, to call witnesses, and to have legal representation.

Origins of Audi Alteram Partem

The doctrine of Audi Alteram Partem is a fundamental principle of natural justice, which requires that a person be given an opportunity to be heard before any decision affecting their rights or interests is taken against them. The origins of this doctrine can be traced back to the Roman legal maxim, "audiatur et altera pars," which translates to "let the other side be heard also." This principle was later adopted by English common law and became an integral part of the legal systems of most common law countries. The doctrine of Audi Alteram Partem is based on the belief that a fair and just decision cannot be made without hearing the other side of the story and considering all relevant facts and evidence. Thus, the principle serves as a safeguard against arbitrary and capricious decision-making and ensures that individuals are given a fair hearing before they are deprived of their rights or interests.

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