Empiriceme · Precept · Canon / Maxim

Audi Alteram Partem

Also called Hear the other side

No decision affecting a party is legitimate unless that party has been heard.

From Roman law, and the reason disciplinary processes, planning inquiries and tribunals all build in a right of response. A decision reached without it may be substantively correct and still illegitimate.

In practice

  • An employee is dismissed on a report they were never shown, and the tribunal reinstates them without examining whether the report was accurate.
  • A planning decision made without hearing objectors is quashed on procedure, and the same decision is reached lawfully six months later.
Standing
Retained here as a principle of institutional legitimacy rather than as procedural doctrine.
Further reading
Wikipedia
Subject
Law & Politics
Essay
Rules that restrain power, and advice on using it

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