Audi Alteram Partem

Audi alteram partem (or Audiatur et altera pars) is a Latin phrase that means, literally, hear the other side or hear both sides. It stands for the principle that no one should be condemned without a hearing in which they are given the opportunity to respond to the accusations against them. It is considered a principle of fundamental justice or fairness in most legal systems that afford the accused the right to confront the witnesses against the accused and to examine the evidence presented by the state or prosecution in the process of determining one's guilt or cuplability. Is it recently used by the International Court of Justice in the Nuclear Tests case, referring to the concern of France's non-appearance at Judgment. Nuclear Tests, 1974 I.C.J. 265.

 

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