"No one should be judge in his own cause" nghĩa là gì?

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"No one should be judge in his own cause/case" nghĩa là để công bằng, thẩm phán không nên phán xét khi có liên quan đến vấn đề đang bàn (tránh bị lung lay, ảnh hưởng).

Ví dụ
This mean in fact the application of analogy (phép loại suy) to cases in regard to which Article 5 seemed to have excluded (loại trừ) resort to this method. The Court effected that bold piece of judicial legislation (luật tư pháp) by reference to the principle that no one can be judge in his own cause.

Alarmed, the farmers’ association filed (nộp đơn) an application requesting Justice Mishra to recuse from the case — just as no one can be a judge in his own cause, no judge is expected to preside (chủ tọa) over a bench in which his own earlier judgment is under review. But Justice Mishra would have none of this. After hearing arguments for five days, he refused to withdraw from the case, ignoring the age-old maxim, “Justice should not only be done but should also be seen to have been done.”

Such curative petition (yêu cầu chữa bệnh) is clearly no substitute for a writ (trát) petition under Article 32 – not only because it can be only filed at the risk of suffering exemplary costs (phí cảnh cáo làm gương) and on very limited grounds and after exhausting the remedy (phương thuốc) of review, but more crucially, because it is to be heard by a Bench which includes the same judges who passed the offending judgement in the first instance and then disposed of its review. The salutary (có ích) principle that ‘no one is a judge in his own cause’ taints (làm giảm) the curative jurisdiction (quyền xét xử).


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