Understanding Natural Law Principles of Audi Altarem Partem Doctrine from the Administrative Law Perspectives

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Understanding Natural Law Principles of Audi Altarem Partem Doctrine from the Administrative Law Perspectives

Onuorah, O. R.a, Nwodo, A. J.b, Onah, H. C.c & Odoh S. C.d
aDepartment of Administration, Alex Ekwueme Federal University, Ndufu Alike, Ebonyi State, Nigeria
bcDepartment of Legal Studies, Institute of Management and Technology, Enugu, Nigeria
dPrivate Legal Practitioner

ABSTRACT

Natural justice, rooted in English common law, requires procedural fairness in administrative law. Known also as substantial justice or fair play in action, these judge-made principles parallel the American procedural due process. Central to natural justice is “Audi Alteram Partem,” meaning no one should be condemned unheard. This principle mandates a hearing before decisions affecting individuals’ rights. Key components of fair hearing include notice, legal representation, and cross-examination. Failure to observe these principles can render decisions void, as in Ridge v. Baldwin (1964). Bagg’s Case exemplifies early application of the fair hearing rule, using mandamus for judicial review. Natural justice comprises two doctrines: audi alteram partem and nemo judex in causa sua (no one should be a judge in their own case). While the former is indispensable, the latter has exceptions. The biblical account of God questioning Adam underscores this principle, reflected in constitutions like Nigeria’s, which ensure fair hearings in civil disputes. Sir Matthew Hale, in 1676, emphasized hearing both parties before judgment. This was affirmed in Cooper v. Wandsworth Board of Works, where even God’s fairness was cited. Justice Coke, in Bagg’s Case (1615), asserted that proceedings without fair hearing are void, reinforcing the Court of King’s Bench’s role in correcting both judicial and extra-judicial errors. Despite the clear mandate for fair hearings, misapplications in administrative decisions persist. However, higher authorities often nullify such infractions. This work, based on secondary sources and legal citations, concludes that courts must vigilantly protect citizens’ rights against arbitrary administrative decisions. Judges must remember that their own conduct is also under scrutiny during trials.

Keywords: Natural Justice; Audi Alterem Partem; Nemo Judex in Causa Sua; Rule of Law; Fair Hearing; Natural Law Principles

Citation: Onuorah, O. R., Nwodo, A. J., Onah, H. C. & Odoh S. C. (2024). Understanding Natural Law Principles of Audi Altarem Partem Doctrine from the Administrative Law Perspectives. International Journal of Law and Global Policy, 5(1), 1-19. DOI: https://doi.org/10.5281/zenodo.11343478

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