Susanne Baer. “Democracy in Peril: A Call for Amici and Amicae Curiae and Critical Lawyering.” Transnational Legal Theory, vol. 10, no. 2 (2019): 140–62.
In the face of rising autocratic populism, this article underscores the vital role of critical lawyering in upholding the independence and integrity of constitutional courts, which are key pillars of democratic governance. It presents a robust defense of constitutional courts’ intervention in majoritarian decisions to protect fundamental rights. The article argues that amici curiae should adopt a stance of critical pragmatism. Rather than unconditionally defending or rejecting the law, critical lawyers must engage with it thoughtfully and strategically. The essay concludes by highlighting practical examples of critical lawyering as a form of collective action capable of combating social inequality, reinforcing democracy, and safeguarding fundamental rights.