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Contents

Published online by Cambridge University Press:  15 December 2025

Michaela Hailbronner
Michaela Hailbronner
Affiliation:
University of Münster

Information

Type
Chapter
Information
The Failures of Others
Justifying Institutional Expansion in Comparative Public and International Law
 , pp. xi - xiii
Publisher: Cambridge University Press
Print publication year: 2026
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Acknowledgements

  2. Introduction

    1. I.1Failure in Public Law

    2. I.2Methodology

    3. I.3Perspectives and Building Blocks

    4. I.4Outline

  3. Part IFoundations

    1. 1What Are Arguments from Failure and When Might We Need Them?

      1. 1.1‘If men were angels…’

      2. 1.2Necessity and Effectiveness in Public Law

      3. 1.3Conclusion

    2. 2Safe, Legal and Rare: The Case for and Against Arguments from Failure

      1. 2.1Normative Stakes

      2. 2.2Theoretical Resources

      3. 2.3Discussion

      4. 2.4Working Out a Framework

      5. 2.5.Conclusion

    3. 3Proportionality

      1. 3.1Introduction

      2. 3.2Proportionality

      3. 3.3Summary

      4. 3.4Case Study: The British Post Office Scandal

  4. Part IICourts

    1. 4Structural Reform Litigation in Domestic Courts

      1. 4.1Introduction

      2. 4.2Structural Reform Litigation in the United States

      3. 4.3Structural Reform Litigation Beyond the United States

      4. 4.4Conclusion

    2. 5A Framework for Structural Reform Litigation

      1. 5.1Introduction

      2. 5.2Stakes of the Argument

      3. 5.3Core Requirements

      4. 5.4Proportionality or: Conceptualizing Institutional Failure in Structural Reform Cases

      5. 5.5Disagreements

      6. 5.6Conclusion

    3. 6Failure and Legal Innovation: Arguments from Failure as Judicial Trumps

      1. 6.1Introduction

      2. 6.2Deference and Failure

      3. 6.3Evaluating Arguments from Failure

      4. 6.4Climate Change Litigation

      5. 6.5Conclusion

  5. Part IIIInternational and European Perspectives

    1. 7Arguments from Failure in International Law

      1. 7.1Introduction

      2. 7.2Failure in International Law

      3. 7.3Evaluating Arguments from Failure in International Law

      4. 7.4Conclusion

    2. 8Efficiency and Failure in the European Union

      1. 8.1Introduction

      2. 8.2Flexibility and Effet Utile in European Law

      3. 8.3Fundamental Rights Protection in a Multilevel System: Mutual Trust and Its Limitations

      4. 8.4Questions and Lessons

      5. 8.5Conclusion

    3. Conclusion and Perspectives

      1. 9.1Summary

      2. 9.2Challenges

      3. 9.3Perspectives

  6. Bibliography

  7. Index

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