The Advantages and Disadvantages of the Amicus

This chapter examines the advantages and disadvantages of the Amicus Curiae practice. The main advantages include: promoting well-informed judicial decisions, allowing amici to influence rulings on matters of public interest, low costs and financial risks for amici, fostering cooperation among interest groups and NGOs, and supporting the courts’ institutional legitimacy. However, disadvantages also exist, such as the potential politicization of the judiciary, domination by powerful interest groups, amici’s lack of control over the legal process, courts being overburdened with unhelpful information, increased costs and delays, the diminished utility of amicus briefs in the information age, the use of questionable research methods by some amici, and particular concerns about amicus participation in arbitration proceedings. The chapter concludes that while the amicus practice offers significant benefits, courts must be mindful of its limitations and potential drawbacks.