The Common Law

This chapter explores the evolution and current state of Amicus Curiae practice in common law jurisdictions, focusing on the United States, Canada, England, Australia, New Zealand, South Africa, Ireland, Hong Kong, Singapore, and Israel. It traces the transformation of amici from neutral “friends of the court” to partisan advocates, particularly in the United States. The chapter examines the growing participation of interest groups, NGOs, and government representatives as amici, as well as the regulatory frameworks governing their involvement. While the amicus phenomenon has flourished most extensively in the United States, other common law countries have also increasingly embraced amicus participation, albeit with varying degrees of openness. The chapter concludes that courts more receptive to amicus interventions tend to view their role broadly, engaging deeply with societal issues beyond mere dispute resolution between formal parties.