Nemo iudex in causa sua
Nemo judex in causa sua (or nemo judex in sua causa) (which, in Latin, literally means "no-one is judge in his own cause") is a principle of natural justice that no person can judge a case in which they have an interest.[1][2] In many jurisdictions 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".[3]
This principle 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.
The phrase is credited to Sir Edward Coke in the seventeenth century,[4] but has also been attested as early as 1544.[5]
See also
References
- ^ "Legal definition of Nemo judex in causa sua". legal-glossary.org. 23 March 2013. Retrieved 24 February 2014.
- ^ Harris. An Introduction to Law. 8th Ed. 2016. p 474
- ^ R v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] All ER 233
- ^ "Show Me the Money: States, ABA Try to Figure Out When Campaign Cash Leads to a Judge’s Recusal", ABA Journal, 1 March 2012 (retrieved 28 June 2017).
- ^ Zwingli, Ulrich (1544). "Operum: Ea, Quae in Genesim, Exodum, Esaiam & Ieremiam prophetas, partim ex ore illius excepta, partim ab illo conscripta sunt, una cum Psalterio Latinitate donato, co[n]tinens. Tomus Tertius".
Further reading
- Page, Jennifer M. (2015). "Many Men Are Good Judges in Their Own Case". Raisons Politiques. 59 (3): 91–107. doi:10.3917/rai.059.0091.
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