Afterwards a Committee for Scientific Integrity initially ruled that the Dean of the University and Deans of the Faculties had failed to apply the principle of audi alteram partem in the process, but in the appeal case Van Hee and others were acquitted.
12.
In a 1977 case, the Court of Appeal of England and Wales held that the " audi alteram partem " ( " hear the other side " ) principle did not need to be complied with if the public interest so demanded.
13.
The court rejected the Director's argument that section 9 of the Minerals Act excluded the application of the " audi alteram partem " rule, finding that the respondent should have been granted a hearing when the licence decision was made.
14.
The employer applied for re-consideration of the decision, arguing that the full Board meeting was illegal because it violated the " audi alteram partem " rule of natural justice, that decisions could not be made unless the parties were heard.
15.
In accordance with the " audi alteram partem " principle, and as a general rule, justice and fairness demand that the court should not make an order against any person unless the affected person has received proper notice of the legal relief sought.
16.
*On the one hand it seems like a breach of natural justice ( specifically the principle of audi alteram partem ) to sanction me for something that I did not know was controversial and was not previously warned for, and have had no proper opportunity to defend myself against.
17.
The common law embodies certain principles of natural justice, including " audi alteram partem " ( or " hear the other side " ) and " nemo iudexin sua causa " ( or " no-one may be a judge in his own cause " ).
18.
"Audi alteram partem " is considered to be a principle of fundamental justice or evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.
19.
The twin elements of natural justice are the rule against bias ( " nemo iudex in causa sua " " no man a judge in his own cause " ), and the requirement of a fair hearing ( " audi alteram partem " " hear the other side " ).
20.
The common law rules of natural justice consist of two pillars : impartiality ( the nemo judex in causa sua " " no one should be a judge in his own cause " ) and fair hearing ( the right to be heard, or " audi alteram partem " " hear the other side " ).
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