Some comments on amici curiae and 'the people' of the Australian Constitution



Publication Details

E. Rachel. Arcioni, 'Some comments on amici curiae and 'the people' of the Australian Constitution' (2010) 22 (3) Bond Law Review 148-155.


[extract] Amici curiae ('amici') are generally understood as being 'friends of the court'. They provide submissions to the court but are not parties to the dispute. They have never been a significant feature of constitutional litigation in the High Court of Australia. The earliest mention of amici in a High Court judgment was in 1906, where Griffith CJ noted that argument regarding the jurisdiction of the Court may be made by an amicus. I In 1916, Mitchell KC appeared as amicus, arguing about the appellate jurisdiction of the COUTU That was not Ute beginning of a trend of amici appearing in constitutional litigation. Rather, amici involvement has been the exception rather than the rule in the High Court, in any type of litigation before it. Should they appear more frequently? Yes.

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Bond Law Review

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