Question

Nemojudex in causasua meaning No man shall be a judge in his own cause was first stated by ---------- in Dr. Bonham's Case

• A. Lord Grey
• B. Lord Heward
• C. Lord Coke
• D. Lord Moulton

Hint:

Associate \textit{Nemo judex in causa sua} with Lord Coke and Dr. Bonham's Case. This case is foundational for administrative law, particularly the principles of natural justice. The other key principle of natural justice is \textit{Audi alteram partem} (hear the other side).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The maxim \textit{Nemo judex in causa sua} (or \textit{Nemo debet esse judex in propria causa}) is a fundamental principle of natural justice. It is also known as the rule against bias. It means that no person should be a judge in a case in which they have a personal interest.
Step 2: Detailed Explanation:
While the principle is ancient, its most famous and influential articulation in common law comes from Dr. Bonham's Case (1610).
The presiding judge in this case was Sir Edward Coke (Lord Coke), who was then the Chief Justice of the Court of Common Pleas in England.
In his judgment, Lord Coke declared that "...in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void: for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such Act to be void."
He applied this reasoning to a statute that allowed the Royal College of Physicians to both prosecute and judge physicians practicing without a license, as well as to collect a portion of the fines. Lord Coke found this to be a violation of the principle that a man cannot be a judge in his own cause, as the College had a financial interest in the outcome of the cases it judged. This case is a landmark for both the rule against bias and the principle of judicial review.