AUDI ALTERAM PARTEM: RIGHT TO COUNSEL AND LEGAL REPRESENTATION
By Santhiya V.
Audi alteram partem is the second long arm of natural justice which prevents the accused from irrational administrative actions when his right to person or property is in jeopardy. One of the earlier cases which talked about audi alterm partem, in 1723, was R v. University of Cambridge, in which the Court of King’s Bench held that the University of Cambridge cannot cancel the degree of a great but rebellious scholar without giving him an opportunity for defending himself. In this case, it was also said that though there is no statutory requirement that both the parties should be heard, yet the justice of the common law will supply the omission of the legislature. The main aim of this principle is that no one should be convicted unheard. In the field of administrative action, this principle is being applied to ensure fair play and justice to the affected person. The Right to Counsel is a right under Audi alteram partem. The main aim of this paper is to differentiate between the Right to Counsel and Legal representation and to find out if they can be considered to be Fundamental Rights.
©2020- Lex Humanitariae: Journal for a Change