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The secret weapon of the legal profession: Why do some organizations become "friends" of a case?
In legal proceedings, solemn and righteous voices come not only from the parties involved, but also from "friends" outside the legal system. These are called "amicus curiae," which is a translation of the Latin word meaning "amicus of the court." These individuals or organizations, independent of the litigants, assist the court in making decisions by providing important information and expertise about the case. Whether an "amicus" can be considered by a court is entirely within the court's discretion. As all sectors of society continue to pay attention to the public interest, the importance of this role has become increasingly prominent.
“The role of the amicus curiae is to assist the courts in articulating the law in a fair manner and to present legal arguments on behalf of the parties when they are not legally represented.”
Historical background
The origins of this concept date back to between 1605 and 1615 and involve the English legal system. Historians still disagree on the origins of "amicus curiae." One view is that its roots can be traced to ancient Roman law, while another view is that the role is a uniquely Anglo-American legal concept. Over time, this concept was introduced into international law, especially in cases concerning human rights, and became part of the global legal system.
Application in U.S. law
In the United States, in fact, most "amicus curiae" are filed by organizations with powerful legal resources, such as the American Civil Liberties Union, the Electronic Frontier Foundation and other non-profit legal advocacy organizations, which often file court opinions Particularly in cases involving major legal reform or interpretation, these opinions serve as a bridge to help the court understand the case's possible broad legal or public policy implications.
“In constitutional cases involving state law, states often file ‘friend of the court’ briefs to demonstrate their legal interests.”
Canadian amicus curiae
In Canada, the role of amicus curiae is performed by court-appointed lawyers, particularly when parties are unable to obtain legal representation, to avoid the risk of unfair justice. When the court considers that a party faces significant inequality, it may appoint lawyers as amicus curiae to ensure that various points of the law are fully discussed, thus ensuring the fairness of the legal process.
Controversies in the World Trade Organization
The role of amicus briefs in the World Trade Organization's dispute settlement mechanism has caused widespread controversy. Since only member states can appeal, many non-governmental organizations (NGOs) face exclusion. Therefore, the ability to influence litigation through amicus curiae opinions has become a hot topic in the current legal field.
“Amicus curiae’s submissions are not only an extension of legal defense, but also an important channel for society to pay attention to public interests.”
Importance and influence of roles
These amicus curiae are limited to outside legal norms and can invisibly influence jury decision-making, especially when the legal issue is of widespread public concern. The opinions of economists, sociologists, and even historians can become important references for courts to make more just decisions. They not only play a role within the framework of the law, but also speak out at the intersection of law and society.
“The emergence of this role makes the legal system more transparent and helps promote fairness and justice.”
Conclusion
The existence of amicus curiae not only enriches the practice of law, but also protects public interests and social justice. Every time they speak out in court is a profound reflection and revision of the judicial system. Will this role become more important over time?
