The Participation of the Amicus Curiae Institution in Human Rights Litigation in Botswana and South Africa
A Tale of Two Jurisdictions
Bibliographic Data
| ID | 16767960 |
|---|---|
| Authors | Obonye Jonas (0000-0002-7970-7679, corresponding author) |
| Year | 2015 |
| Volume | 59 |
| Issue | 2 |
| Pages | 329-354 |
| Publication date | 2015-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855315000108 |
| OpenAlex | W2468877835 |
| Language | EN |
| Citations received | 1 |
| References cited | 16 |
It has become a standard feature of litigation for amici to appear before courts, acting as the vindicator of rights for the politically powerless and marginalized. Their appearance has thus contributed to the promotion and protection of human rights before municipal courts and international tribunals. They have done this through the submission of briefs that seek to broaden perspectives of cases and by advancing innovative legal and factual viewpoints, thus assisting the courts in reaching appropriate conclusions. In Botswana, amicus curiae participation is still at a nascent stage. This is largely due to inflexible rules of standing and the general lack of knowledge of the potential usefulness of the institution by the judiciary. This article argues that, to enhance amicus participation in litigation, thereby enhancing the epistemological quality of its public law jurisprudence, Botswana must pay close attention to the practices and experiences of South Africa where amicus participation has resulted in the phenomenal growth of constitutional jurisprudence
Human rights · Institution · Jurisprudence · Political science · Promotion (chess) · Viewpoints · Judicial and Constitutional Studies · Law · Legal Issues in South Africa
Friends of the Supreme Court
The Influence of Amicus Curiae Briefs on the Supreme Court
Designing Democracy
Individual and NGO participation in human rights litigation before the African Court of Human and Peoples' Rights
Amicus Curiae Participation Before Regional Human Rights Bodies in Africa
Accountability or “Good Decisions”? The Competing Goals of Civil Society Participation in International Governance
Litigating in the Public Interest
The Confounding Common Law Originalism in Recent Supreme Court Statutory Interpretation
The Amicus Curiae American Development of English Institutions
Friends of the Court
Organized Interests and Agenda Setting in the U.S. Supreme Court
Amicus Curiae and the Role of Information at the Supreme Court
Two’s Company, Three’s A Crowd
| Citations per year | 0.13 |
|---|---|
| Citation span | 2018 - 2018 (1) |
| Highly cited | No |