The Amicus Curiae Phenomenon - Theory, Causes and Meanings
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The Amicus Curiae Phenomenon - Theory, Causes and Meanings
Shai Farber
This Article examines the phenomenon of the Amicus Curiae,
which is used in Common law, Civil law, and International law.
This Article will demonstrate how, in a short period of time,
many countries around the world, including developing
countries in Latin America, Asia, Africa, Eastern Europe, and
many international institutions, have either adopted the
practice of the Amicus Curiae or substantially increased its use.
In addition to the primary use of the Amicus Curiae procedure
in courts around the world, there is an increase in the range of
issues in which Amicus briefs are submitted; namely, an
increase in the diversity of courts willing to allow the Amicus
Curiae procedure, an increase of the Amicus in significant
cases including cases dealing with fundamental issues and
increases in the range and type of entities that have begun
making use of the Amicus. [As described below: The Amicus
Curiae Phenomenon.]
This Article will show that the Amicus Curiae Phenomenon is
tied to the changes occurring in court systems, the courts'
perception of their role in the judiciary process, and the way
litigation is conducted. In the last three decades, we have
witnessed a significant rise of courts' involvement in society.
This trend of greater involvement of courts in society is
widespread in many countries, including countries with
different legal systems and different political traditions. Courts
have become increasingly aware of their social role, as well as
gained a greater understanding of the needs of society, and
accordingly, courts have become more involved in shaping
society. In this context, there is a growing trend of reliance on
different legal procedures to regulate and settle a wide range of
issues, which in the past were never litigated in judiciary
systems.
This Article will show that Amicus Curiae creates profound
changes to the judiciary and the work of courts because it is part
of various procedures reshaping the function of the courts. The
Amicus Curiae practice has helped develop the concept that the
judicial process, in many cases, turns into a multi-dimensional
process with numerous players and wide-ranging implications.
In many ways, this approach is the revival of the approach of
the judicial process as a social process in which not only the](ViewImageLocal?handle=hein.journals/tlcp29&div=5&collection=&method=preview&ext=.png&size=3)
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The Amicus Curiae Phenomenon - Theory, Causes and Meanings
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