“Amicus Curiae”—Definitions and Interpretations

This chapter explores the various prototypes of the Amicus Curiae (“friend of the court”) and related third-party representation mechanisms in legal systems around the world. It examines the classic neutral amicus, the modern advocacy-oriented amicus, intervenors, expert witnesses, and other ways third parties can influence court proceedings. The chapter highlights how definitions of the amicus role have evolved and sometimes conflict across jurisdictions. It also discusses the growth of amicus briefs by interest groups and NGOs to shape public interest law. The chapter argues that while distinctions between different third-party mechanisms can be ambiguous, the amicus has become a powerful tool for democratic participation in the judicial process.