Susanne Baer, Federal Constitutional Court, Germany
Reading Arendt's The Human Condition in our times, raises the crucial question of how to conceptualise justice and political praxis. When Hannah Arendt conceptualised ‘action’ as a key ingredient of human relationships, she focused on the ‘polis’. Today´s polis is not only, but always already, shaped and limited and protected by law. Therefore, and because of the power of law as such, we need to understand law in action. Legal action takes place in the polis, but also at the site of ‘the court’. Engaging the law in court also poses difficult questions for critical lawyering, in that amicae curiae need to affirmatively engage, yet critically reenvision, how justice is done, or whether courts contribute to justice at all. At a time at which varieties of populism pose severe threats to constitutionalism, and to the rule of law as such, there is an urgent need to clearly understand doing justice in judging, if action in court shall contribute to justice in our shared future.