Audi Alteram Partem - Lecture notes 1 PDF

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Audi Alteram Partem...

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Audi Alteram Partem. Audi alteram Partem or Rule of Fair Hearing: The principle of audi alteram partem is the basic concept of principle of natural justice. The omnipotency inherent is the doctrine is No man should be condemned unheard. It has long been a received rule, that no one is to be condemned, punished, or deprived of his property in any judicial proceeding, unless he has had an opportunity of being heard; “a man cannot incur the loss of liberty or property for an offence by a judicial proceeding until he has had a fair opportunity of answering the charge against him, unless, indeed, the Legislature has expressly or impliedly given an authority to act without that necessary preliminary." The expression audi alteram partem simply implies that a person must be given an opportunity to defend himself. This principle is a sine non if every civilized society. Corollary deduced from this rule is qui aliquid statuerit parte inaudita altera, aequum licet dixerit, haud aequum facerit ( he who shall decide anything without the other side having been herd, although he may have said what is right, will not have done what is right). The same principle was expressed by Lord Hewart when he said “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”.

The rule of fair hearing covers various stages through which administrative adjudication pass starting from notice to final determination, it includes: 1. Right to notice 2. Right to present case and evidence 3. Right to rebut adverse evidence (i) Right to cross examination (ii) Right to legal representation 4. Disclosure of evidence to party 5. Report of enquiry to be shown to the other party 6. Reasoned decisions or speaking orders Davaar's Dairy...