Nemo Judex in Causa Sua
/ˈneɪmoʊ ˈdʒuːdɛks ɪn ˈkɔːzə ˈsuːə/
Latin Maxim / Principle
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Definition
'No one should be a judge in his own cause' — rule against bias.
Jurisdiction: InternationalEtymology
Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.
Examples
Case Study
In Dimes v. Grand Junction Canal (1852), the Lord Chancellor (Lord Cottenham) had shares in the canal company and heard the appeal in its favour. The House of Lords set aside his decree despite finding no actual bias, establishing the principle that justice must not only be done but must be seen to be done. In India, the Supreme Court applied and extended this principle in A.K. Kraipak v. Union of India (1969), where a member of a selection committee was himself a candidate — the selection was quashed as void.
Key Cases
A.K. Kraipak v. Union of India
1969AIR 1970 SC 150
Landmark Indian case. Member of selection committee was also a candidate; appointment quashed. Established that administrative bodies must apply natural justice, not just courts.
View on Indian Kanoon →Dimes v. Grand Junction Canal
1852(1852) 3 HLC 759
Lord Chancellor's decree set aside due to pecuniary interest. Foundational authority for the rule against bias.
View on BAILII →R v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2)
1999[2000] 1 AC 119
Lord Hoffmann's links to Amnesty International meant he could not sit on the Pinochet extradition case. Automatic disqualification extended beyond pecuniary interest.
View on BAILII →