Audi Alteram Partem

Comprises two obligations a decision maker has towards a person affected by a decision
1. Person affected
  1. Must have notice of the decision
    1. Must be aware of complaint against them/contemplation of adverse decision
    2. Informed grounds upon which adverse action stands
    3. Given opportunity to prepare and present their case
    4. Given details used against them or details in their favour
    5. Aware of potential consequences of contemplated adverse decision
  2. Must have opportunity to make the best possible defence
    1. Consideration must be given to
      1. the form of complaint against affected person
      2. Defence preparation time; effective defence vis a vis nature of hearing
      3. Legal representation: depends on seriousness and complexity
      4. Entitlement of affected person to information on their rights
      5. The impact of an adverse finding on the defendant (e.g. reputation)
  3. Criminal law issues may require more favourable attitude to affected person than civil law matters
  4. Flanagan v UCD
  5. Re Haughey
  6. State (Gleeson) v Minister for Defence
  7. TV3 v IRTC
  8. Gallagher v Revenue Commissioners
  9. Doupe v Limerick County Council
2. Decision maker
  1. Ought to comply with a range of rules created by courts and statute law based on these principles
Can cover almost every question of fair procedure including rule against bias, since fair hearing must be unbiased
Covers administrative and judicial decisions
1. Extends to bodies constituted by contract
Courts raise presumption that if you are a member of a consensual body then a member must be treated fairly before a decision that affects their rights ad interests is made
1. Board of Education v Rice
Whether oral hearing or right to make representation necessary
1. State (Crothers) v Kelly
The right to legal representation
1. O'Brien v PIAB
2. Not an absolute right - depends on seriousness and complexity of issues
The right to cross examine
1. Essential right in criminal law and necessary in civil law matters
2. Re Haughey
3. Kiely v Minister for Social Welfare
Obligation to give reasons
1. Rationale
  1. Give fair procedures to person affected by a decision
  2. Facilitate supervisory review by HC
  3. Enable party explore whether abuse of process has occurred in a decision
  4. Uphold constitutional right of party to access courts
  5. Uphold public interest and rue of law requirement; decision must be done based on identifiable law
  6. Promote good decision making - a decision must be rational, clear, consistent and predictable
2. Opportunity for best possible defence
  1. International Fishing Vessels v Minister for Marine
  2. Mallak v Minister for Justice
Disclosure of information obtained externally by decision maker
1. Information is legal opinion
2. Information relates to contested issues of particular hearing
3. State (Polymark (Ireland) Ltd) v Labour Court
4. Christos Georgopoulous v Beaumont Hospital Board

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Audi Alteram Partem

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	Created by Caoimhe Kelehan about 3 years ago