Audi alteram partem

Audiatur et altera pars (Latin for " It is going to also the other part. " Or "You can hear the other side. ") Is a principle of Roman law. It stands for the right to be heard, which is a key method of fundamental rights in all modern legal systems.

The principle means that the judge has to listen to all involved in the process before it falls his judgment. He was regarded as a principle of law, in particular the Athenian law, as the judge recognized as oath and is preserved in its handling of the substance and the Stoic Seneca as saying the Medea.

German Legally, the idea is reflected in the dating from the Middle Ages, Low German adage: " enes man speech is only half the issue, they should hear cheap beede ". According to the established case law of the Federal Constitutional Court of the claim is to be heard of the following elements: Anyone actually needs to be heard in court by the judge, this has been said in its decision but also factually and legally consider. In addition, the parties must be placed by court information in the position to focus their arguments on the current facts. The right to be heard can not be separated from the procedural law of the legal guarantee, which means of access to judicial review: who has formally passed the portal of the court, to receive in the process and material to be heard. Even the press law claim to the print a correction in Germany is due to this principle of law.

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