The Failures of Others

‘What should do when those who wield power fail? In a subtle and nuanced analysis, Michaela Hailbronner tackles this question with insight and originality. Drawing on case-studies from comparative constitutional law, the European Union, and international law, Hailbronner makes a powerful case that we need to take institutional failure seriously – not just as a cause for lament or an automatic licence to deviate from established legal norms, but as a stimulus for a more measured, proportionate, and context-specific approach. In a time of widespread democratic dysfunction and political failure, all public lawyers will benefit from engaging with Hailbronner’s illuminating and compelling arguments.’ Rosalind Dixon, Professor of Law and Director of the Gilbert + Tobin Centre of Public Law, University of New South Wales, Sydney‘Michaela Hailbronner has written an exceptional and well argued book, in which she studies the problem of institutional failure. She does so in a very attractive way, particularly for those of us interested in comparative political process theory, concerned about the (tragic) phenomenon of ‘authoritarian erosion’; and still hopeful about structural reform litigation.’ Roberto Gargarella, Professor of Law at the Torcuato di Tella University and the University of Buenos Aires‘The theory and practice of constitutionalism is filled with argument, but not all have been adequately captured. This brilliant and imaginative work underscores how legal efforts are often a response to our broken institutional reality. The Failures of Others not only clarifies our doctrinal landscape – it offers us a new way to inform and shape our constitutional future.’ Madhav Khosla, B. R. Ambedkar Professor of Indian Constitutional Law and Professor of Political Science, Columbia University‘What should do when those who wield power fail? In a subtle and nuanced analysis, Michaela Hailbronner tackles this question with insight and originality. Drawing on case-studies from comparative constitutional law, the European Union, and international law, Hailbronner makes a powerful case that we need to take institutional failure seriously – not just as a cause for lament or an automatic licence to deviate from established legal norms, but as a stimulus for a more measured, proportionate, and context-specific approach. In a time of widespread democratic dysfunction and political failure, all public lawyers will benefit from engaging with Hailbronner’s illuminating and compelling arguments. Aileen Kavanagh, Professor of Constitutional Governance, Law, Trinity College Dublin

Michaela Hailbronner holds the Chair for German and International Public Law and Comparative Law at the University of Münster, Germany. She has published widely on these subjects, with her 2014 article on German constitutionalism winning the inaugural best paper award of the International Journal of Constitutional Law. She is Co-President of the International Society of Public Law (ICON-S).