Nemo judex in causa sua (also written as nemo [est] judex in sua causa, in propria causa, in re sua or in parte sua) is a Latinbrocard that translates as "no one is judge in their own case". Originating from Roman law, it was crystallized into a phrase by Edward Coke in the 17th century and is now widely regarded as a fundamental tenet of natural justice and constitutionalism.[1] It states that no one can judge a case in which they have an interest. In some jurisdictions, the principle is strictly enforced to avoid any appearance of bias, even when there is none: as Lord Chief JusticeHewart laid down in Rex v. Sussex Justices, "Justice must not only be done, but must also be seen to be done".[2][3]
The Latin brocardnemo judex in causa sua has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis. In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" (neminem sibi esse iudicem vel ius sibi dicere debere) (Code 3.5.1). Additionally, the Digest records Julianus's statement that "it is unfair for someone to be the judge of their own affairs" (iniquum est aliquem suae rei iudicem fieri) (Digest 5.1.15-17).[4]
From these Roman sources, the principle has endured into modern times and can be traced in Martin Luther's 1526 work Whether Soldiers, Too, Can Be Saved (Niemand sol sein selbs Richter seyn, meaning "no one should be their own judge"),[5] in Ulrich Zwingli's In Exodum (1527)[6] in Jean Bodin's The Six Books of the Republic (1576)[7] and in Hobbes's Leviathan (1651) ("And seeing every man is presumed to do all things in order to his own benefit, no man is a fit Arbitrator in his own cause").[4]
In the 17th century, the English jurist Edward Coke turned the idea into a phrase when he wrote that "it is a maxim in law aliquis non debet esse iudex in propria causa".[4] Coke used the principle to instruct the king that he could not personally judge a dispute between himself and his subject.[8] Moreover, In the famous Bonham's Case of 1610 Coke ruled that the College of Physicians could not sit as judges in a case to which they were a party,[9][10] and he was understood also to have affirmed that that the principle could not be overridden by statutory provision.[8]
Since then, the rule against bias has been recognised as a fundamental tenet of natural justice in the common law tradition and a cornerstone of constitutionalism.[1]The maxim has been invoked by the United States Supreme Court in various cases, such as the 1798 case Calder v. Bull ("a law that makes a man a Judge in his own cause [...] is against all reason and justice") and the 1974 case Arnett v. Kennedy ("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)").
^Zwingli, Ulrich (1544) [1527]. 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 (in Latin). Froschauer. p. 91. Retrieved 10 September 2023.
^Lee, Daniel (2021). "The Right of Sovereignty". The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations. Oxford University Press. p. 89. doi:10.1093/oso/9780198755531.003.0003. ISBN978-0-19-875553-1.
^"Dr. Bonham's Case | Natural Law, Natural Rights, and American Constitutionalism". www.nlnrac.org. Retrieved 10 September 2023.
Sourcesedit
Gedicks, Frederick Mark (2009). "An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment". Emory Law Journal. 58. Emory University School of Law: 585–674. Retrieved 10 September 2023.
Malysz, Piotr J. (2007). "Nemo iudex in causa sua as the Basis of Law, Justice, and Justification in Luther's Thought". The Harvard Theological Review. 100 (3). Cambridge University Press: 363–386. JSTOR 4495123. Retrieved 10 September 2023.
Vermeule, Adrian (2012). "Contra "Nemo Iudex in Sua Causa": The Limits of Impartiality". The Yale Law Journal. 122 (2). Yale Law Journal Company, Inc.: 384–420. ISSN 0044-0094. JSTOR 23527920. Retrieved 10 September 2023.
Yale, D. E. C. (1974). "Iudex in Propria Causa: An Historical Excursus". The Cambridge Law Journal. 33 (1). Cambridge University Press: 80–96. JSTOR 4505744. Retrieved 10 September 2023.
Further readingedit
Page, Jennifer M. (2015). "Many Men Are Good Judges in Their Own Case". Raisons Politiques. 59 (3): 91–107. doi:10.3917/rai.059.0091.
This law-related article is a stub. You can help Wikipedia by expanding it.
nemo, iudex, causa, nemo, judex, causa, also, written, nemo, judex, causa, propria, causa, parte, latin, brocard, that, translates, judge, their, case, originating, from, roman, crystallized, into, phrase, edward, coke, 17th, century, widely, regarded, fundame. Nemo judex in causa sua also written as nemo est judex in sua causa in propria causa in re sua or in parte sua is a Latin brocard that translates as no one is judge in their own case Originating from Roman law it was crystallized into a phrase by Edward Coke in the 17th century and is now widely regarded as a fundamental tenet of natural justice and constitutionalism 1 It states that no one can judge a case in which they have an interest In some jurisdictions the principle is strictly enforced to avoid any appearance of bias even when there is none as Lord Chief Justice Hewart laid down in Rex v Sussex Justices Justice must not only be done but must also be seen to be done 2 3 Contents 1 History 2 See also 3 References 4 Sources 5 Further readingHistory editThe Latin brocard nemo judex in causa sua has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis In 376 AD an imperial decree established the principle that no one shall decide his own case or interpret the law for himself neminem sibi esse iudicem vel ius sibi dicere debere Code 3 5 1 Additionally the Digest records Julianus s statement that it is unfair for someone to be the judge of their own affairs iniquum est aliquem suae rei iudicem fieri Digest 5 1 15 17 4 From these Roman sources the principle has endured into modern times and can be traced in Martin Luther s 1526 work Whether Soldiers Too Can Be Saved Niemand sol sein selbs Richter seyn meaning no one should be their own judge 5 in Ulrich Zwingli s In Exodum 1527 6 in Jean Bodin s The Six Books of the Republic 1576 7 and in Hobbes s Leviathan 1651 And seeing every man is presumed to do all things in order to his own benefit no man is a fit Arbitrator in his own cause 4 In the 17th century the English jurist Edward Coke turned the idea into a phrase when he wrote that it is a maxim in law aliquis non debet esse iudex in propria causa 4 Coke used the principle to instruct the king that he could not personally judge a dispute between himself and his subject 8 Moreover In the famous Bonham s Case of 1610 Coke ruled that the College of Physicians could not sit as judges in a case to which they were a party 9 10 and he was understood also to have affirmed that that the principle could not be overridden by statutory provision 8 Since then the rule against bias has been recognised as a fundamental tenet of natural justice in the common law tradition and a cornerstone of constitutionalism 1 The maxim has been invoked by the United States Supreme Court in various cases such as the 1798 case Calder v Bull a law that makes a man a Judge in his own cause is against all reason and justice and the 1974 case Arnett v Kennedy 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 editAudi alteram partem Judicial disqualification List of legal Latin terms Brocard law References edit a b Vermeule 2012 p 386 R v Sussex Justices ex parte McCarthy 1924 1 KB 256 1923 All ER 233 Datar Arvind 18 April 2020 The origins of Justice must be seen to be done Bar and Bench Indian Legal news Retrieved 11 September 2023 a b c Yale 1974 p 80 Malysz 2007 p 364 Zwingli Ulrich 1544 1527 Operum Ea Quae In Genesim Exodum Esaiam amp Ieremiam prophetas partim ex ore illius excepta partim ab illo conscripta sunt una cum Psalterio Latinitate donato co n tinens Tomus Tertius in Latin Froschauer p 91 Retrieved 10 September 2023 Lee Daniel 2021 The Right of Sovereignty The Right of Sovereignty Jean Bodin on the Sovereign State and the Law of Nations Oxford University Press p 89 doi 10 1093 oso 9780198755531 003 0003 ISBN 978 0 19 875553 1 a b Yale 1974 p 83 Gedicks 2009 p 603 Dr Bonham s Case Natural Law Natural Rights and American Constitutionalism www nlnrac org Retrieved 10 September 2023 Sources editGedicks Frederick Mark 2009 An Originalist Defense of Substantive Due Process Magna Carta Higher Law Constitutionalism and the Fifth Amendment Emory Law Journal 58 Emory University School of Law 585 674 Retrieved 10 September 2023 Malysz Piotr J 2007 Nemo iudex in causa sua as the Basis of Law Justice and Justification in Luther s Thought The Harvard Theological Review 100 3 Cambridge University Press 363 386 JSTOR 4495123 Retrieved 10 September 2023 Vermeule Adrian 2012 Contra Nemo Iudex in Sua Causa The Limits of Impartiality The Yale Law Journal 122 2 Yale Law Journal Company Inc 384 420 ISSN 0044 0094 JSTOR 23527920 Retrieved 10 September 2023 Yale D E C 1974 Iudex in Propria Causa An Historical Excursus The Cambridge Law Journal 33 1 Cambridge University Press 80 96 JSTOR 4505744 Retrieved 10 September 2023 Further reading editPage Jennifer M 2015 Many Men Are Good Judges in Their Own Case Raisons Politiques 59 3 91 107 doi 10 3917 rai 059 0091 nbsp This law related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Nemo iudex in causa sua amp oldid 1182602606, wikipedia, wiki, book, books, library,
