The Changes in the Judicial System and the “Amicus Phenomenon”

This chapter explores the institutional and social factors driving the global “Amicus Curiae phenomenon.” Institutionally, courts increasingly rely on amici to provide diverse perspectives and expertise in complex cases, helping them fulfill their evolving societal roles. Amicus briefs also serve as “social barometers,” allowing courts to gauge public sentiment on contentious issues. Socially, the rise of NGOs, the growth of the legal profession, and the cost-effectiveness of amicus participation have fueled the phenomenon. Amicus briefs enable interest groups to influence judicial decision-making, shape public discourse, and advance their agendas. Moreover, the inclusion of amici enhances the democratic legitimacy of court proceedings by giving voice to affected parties and fostering public engagement. The chapter concludes that the amicus curiae practice embodies profound changes in the perception of the judiciary’s role and its interaction with society, transforming the litigation landscape.