The Amicus Curiae: Friends No More?

• Main Author: MOHAN, S. Chandra
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2010
• Subjects: Amicus Curiae; Friend of the Court; Comparative and Foreign Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/975; https://ink.library.smu.edu.sg/context/sol_research/article/2927/viewcontent/auto_convert.pdf
• Institution: Singapore Management University

A term commonly used in both common law and civil law jurisdictions and in domestic and international tribunals is the Latin term amicus curiae or a 'friend of the court'. Who is this friend of the court and what is his role in legal proceedings? Largely because of the remarkable manner in which this ancient institution has developed in different legal systems and been used differently even in countries sharing a common legal tradition, such as the United States and the Commonwealth countries, the important question is whether the amicus curiae can still be considered a 'friend' of any tribunal or decision maker. Has this friendship been well maintained or significantly abused over the years?