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    Nemo Iudex in Causa Sua

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    Atul Sharma
    The Latin phrase "Nemo iudex in causa sua" means that no person can judge a case in which they have an interest. It is a principle of natural justice that a judge should not have any bias or self-interest in the outcome of a case. If this basic rule is violated, it can invalidate any judgment made and require the case to be re-heard by an impartial judge. This concept can be traced back to writings from the 16th century but is still an important legal standard today to ensure fairness and impartiality in judicial decisions.

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    Nemo Iudex in Causa Sua

    Uploaded by

    Atul Sharma
    500 views2 pages
    The Latin phrase "Nemo iudex in causa sua" means that no person can judge a case in which they have an interest. It is a principle of natural justice that a judge should not have any bias or self-interest in the outcome of a case. If this basic rule is violated, it can invalidate any judgment made and require the case to be re-heard by an impartial judge. This concept can be traced back to writings from the 16th century but is still an important legal standard today to ensure fairness and impartiality in judicial decisions.

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    Nemo_iudex_in_causa_sua

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    The Latin phrase "Nemo iudex in causa sua" means that no person can judge a case in which they have an interest. It is a principle of natural justice that a judge should not have any bias or self-interest in the outcome of a case. If this basic rule is violated, it can invalidate any judgment made and require the case to be re-heard by an impartial judge. This concept can be traced back to writings from the 16th century but is still an important legal standard today to ensure fairness and impartiality in judicial decisions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    500 views2 pages

    Nemo Iudex in Causa Sua

    Uploaded by

    Atul Sharma
    The Latin phrase "Nemo iudex in causa sua" means that no person can judge a case in which they have an interest. It is a principle of natural justice that a judge should not have any bias or self-interest in the outcome of a case. If this basic rule is violated, it can invalidate any judgment made and require the case to be re-heard by an impartial judge. This concept can be traced back to writings from the 16th century but is still an important legal standard today to ensure fairness and impartiality in judicial decisions.

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    © All Rights Reserved
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    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] It appears in Arnett v. Kennedy, 416 U.S. 134, 197 (1974) ("we might start with a first principle:
    '[N]o man shall be a judge in his own cause.' Bonham's Case, 8 Co. 114a, 118a, 77 Eng. Rep. 646, 652
    (1610)").

    See also
    Audi alteram partem
    Judicial disqualification
    List of legal Latin terms

    References
    1. "Legal definition of Nemo judex in causa sua" (http://www.legal-glossary.org/nemo-judex-in-
    sua-causa/). legal-glossary.org. 23 March 2013. Retrieved 24 February 2014.
    2. Harris. An Introduction to Law. 8th Ed. 2016. p 474 (https://books.google.com/books?id=DE2
    2CgAAQBAJ&pg=PA474)
    3. R v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] All ER 233
    4. "Show Me the Money: States, ABA Try to Figure Out When Campaign Cash Leads to a
    Judge’s Recusal" (http://www.abajournal.com/magazine/article/show_me_the_money_state
    s_aba_try_to_figure_out_when_campaign_cash_adds_up), ABA Journal, 1 March 2012
    (retrieved 28 June 2017).
    5. 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" (https://books.google.com/books?id=L21WAA
    AAcAAJ&q=Nemo%20iudex%20in%20causa%20sua&pg=PP185).

    Further reading
    Page, Jennifer M. (2015). "Many Men Are Good Judges in Their Own Case" (https://www.cai
    rn.info/revue-raisons-politiques-2015-3-page-91.htm). Raisons Politiques. 59 (3): 91–107.
    doi:10.3917/rai.059.0091 (https://doi.org/10.3917%2Frai.059.0091).

    Retrieved from "https://en.wikipedia.org/w/index.php?title=Nemo_iudex_in_causa_sua&oldid=1147142989"

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