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The Failures of Others

By Michaela Hailbronner

The Failures of Others

By Michaela Hailbronner

0 - Default Title
Description
Arguments from failure - arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' - are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace Resolution of the UN General Assembly, to the recent bill quashing British subpostmasters' convictions - such arguments are offered in justification for unorthodox exercises of public power. But in spite of their popularity, we lack a good understanding of these arguments in legal terms. This is partly because failure itself is a highly malleable concept and partly because arguments from failure blur into other more familiar legal doctrines about implied powers or emergencies. We can do better. We should recognize arguments from failure as a distinct concept of public law and understand that contemporary constitutional theory offers us tools to evaluate such arguments in different settings This title is also available as open access on Cambridge Core.
Product details
Number of Pages:
284
Release Date:
2025-12-10
Publication Date:
2025-12-10
Publisher:
Cambridge University Press
Languages:
Original: English
ISBN10:
1009646664
ISBN13:
9781009646666
Weight:
566 g
Height:
157 cm
Width:
235 cm
Thickness:
20 cm
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