Justice delayed justice denied

Abstract

It is a matter of common observation that historically, certain rights and guarantees emerged as fundamental or, particularly in modern times, as "constitutionally" or "internationally" proclaimed and so became differential from other rights and guarantees. This phenomenon is not alien to the Law of Procedure. For millennia, a number of basic principles have developed to represent the fundamental rights of the parties vis-a-vis the judge, the adversary and third parties such as, the ancient principles of nemo judex sine actore, ne eat iudex ultra petita et allegata a partibus, nemo iudex in re sua, and auditur altra pars. Other principles have a less ancient history, such as the great liberal guarantee of judicial independence from the executive; still others such as the right to a 'natural' or 'lawful' judge, predetermined by law, and the guarantee of an open and public proceeding, can be considered a conquest of modern times.