What is the maxim audi alteram partem in reference to fair hearing? KNEC Revision Questions

Outline the maxim audi alteram partem in reference to fair hearing

The maxim “audi alteram partem” is a Latin term that means “hear the other side” or “listen to the other party.” This maxim is often used in reference to the principle of natural justice, which requires that all parties involved in a dispute or legal proceeding be given a fair hearing before a decision is made.

In practical terms, the maxim of audi alteram partem means that before making a decision, a judge or decision-maker should listen to both sides of an argument, giving each party an opportunity to present their case and respond to the other party’s arguments. This ensures that both parties have an equal chance to be heard, and that the decision is based on all the relevant facts and arguments.

The principle of audi alteram partem is an important aspect of a fair hearing, as it ensures that decisions are not made in a one-sided or arbitrary manner. It is a fundamental principle of natural justice that is recognized in many legal systems around the world, and is an essential element of the rule of law.

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