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NeCede's

Maxim 8.1.2

A man ought not to be judge in his own cause, because he cannot act as both judge and party.

Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars.

Source: Co. Litt. 141a; Broom, Max. 117 Difficulty 1/5 — Foundational

Explanation

The prohibition is not merely ethical but structural — the roles of judge and litigant are incompatible and cannot coexist in one person.

Where this applies

  • The prosecutor is also serving as the judge in my trial.
  • The person filing the complaint is also the one deciding whether it has merit.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.1.2 — A man ought not to be judge in his own cause, because he cannot act as both judge and party. — Co. Litt. 141a; Broom, Max. 117 (Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars.)

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