Ernst Hirsch Ballin

Bio: Ernst Hirsch Ballin is an academic researcher from Tilburg University. The author has contributed to research in topics: Human rights & Democracy. The author has an hindex of 7, co-authored 32 publications receiving 161 citations. Previous affiliations of Ernst Hirsch Ballin include Brill Publishers & Scientific Council for Government Policy.

What Form of Government for the European Union and the Eurozone

Abstract: 1. Introduction: A New Look at the Form of Government of the European Union and the Eurozone Federico Fabbrini, Ernst Hirsch Ballin and Han Somsen Part I: The Euro-crisis and Institutional Change 2. The Financial Crisis, the EU Institutional Order and Constitutional Responsibility 17 Paul Craig 3. The Governance Framework of the Eurozone and the Need for a Treaty Reform Christian Calliess 4. Intergovernmentalism and the New Framework of EMU Governance Georgios Maris and Pantelis Sklias Part II: The Governance of Economic, Monetary and Financial Affairs 5. The Confusion of Tasks in the Decision-Making Process of the European Economic Governance Alexandre de Streel 6. Constitutional Changes in Euro Government and the Relationship Between the ECB and the Executive Power in the Union Thomas Beukers 7. The Single Supervisory Mechanism: Building the New Top-Down Cooperative Supervisory Governance in Europe Gianni LO Schiavo Part III: Democracy: Representation, Participation and Accountability 8. Is the EU a Representative Democracy ? The Normative Debate and the Impact of the Euro-crisis Simona Piattoni 9. Participatory Democracy in Europe: Article 11 TEU and the Legitimacy of the European Union Christian Marxsen 10. Democratic Accountability of EU Executive Power: A Reform Agenda for Parliaments Deirdre Curtin Part IV: The Parliamentarisation of the EU and its Critics 11. Towards a New Constitutional Architecture in the EU? R Daniel Kelemen 12. Enhancing European Democracy in Times of Crisis? - The Proposal to Politicise the Election of the European Commission's President Carlino Antpoehler 13. In the Image of State: Constitutional Complexities of Engineering a European Democracy Anna Kocharov Part V: New Institutional Developments 14. New Intergovernmentalism: The European Council and its President Uwe Puetter 15. Inter-Parliamentary Cooperation and its Challenges:The Case of Economic and Financial Governance Valentin Kreilinger 16. From Executive Federalism to Executive Government: Current Problems and Future Prospects in the Governance of EMU Federico Fabbrini

Co-actorship in the Development of European Law-Making: The Quality of European Legislation and its Implementation and Application in the National Legal Order

Abstract: Reflections on Co-Actorship in the Development of European Law-making.- Reflections on Co-Actorship in the Development of European Law-making.- General Report. The Quality of European Legislation and Its Implementation and Application in the National Legal Order.- Interpretation of European Legislation in the Member States.- Conclusions and Solutions.

Constitutionalism and the Rule of Law : Bridging Idealism and Realism

Abstract: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

The New York Review of Books

Abstract: It comes as something ofa surprise to reflect that the New York Review ofBooks is now over twenty years old. Even people of my generation (that is, old enough to remember the revolutionary 196os but not young enough to have taken a very exciting part in them) think of the paper as eternally youthful. In fact, it has gone through years of relatively quiet life, yet, as always in a competitive journalistic market, it is the controversies that attract the interest of the reader and to which the history (especially an admittedly impressionistic survey that tries to include something of the intellectual context in which a journal has operated) must give some attention. Not all the attacks which the New York Review has attracted, both early in its career and more recently, are worth more than a brief summary. What do we now make, for example, of Richard Kostelanetz's forthright accusation that 'The New York Review was from its origins destined to publicize Random House's (and especially [Jason] Epstein's) books and writers'?1 Well, simply that, even if the statistics bear out the charge (and Kostelanetz provides some suggestive evidence to support it, at least with respect to some early issues), there is nothing surprising in a market economy about a publisher trying to push his books through the pages of a journal edited by his friends. True, the New York Review has not had room to review more than around fifteen books in each issue and there could be a bias in the selection of

The Fundamentalism of Liberal Rights: Decoding the Freedom of Expression Under the European Convention for the Protection of Human Rights and Fundamental Freedoms

Abstract: This paper attempts to deconstruct the free speech defense of the publications of cartoons offensive to many Muslims in Denmark and elsewhere in Europe in order to highlight the deep philosophical tensions between the characterizations of religion and race, between free speech and hate speech, and between the freedoms of expression and of religion. A scrutiny of the jurisprudence of the European Court of Human Rights (“ECtHR”) reveals the difficulties inherent in defining permissible limits on expression, particularly as it involves the identification and prioritization of interests that are worthy of protection under a state's law. The struggles over the characterization of certain interests as fundamental rights, in turn, raise questions over the ‘fundamental-ness' of rights and the valuation of foundational social and political values that the rhetoric of rights presumes as incontrovertible. This study seeks to advance the argument that fundamental rights, such as the freedom of expression, are legal constructs whose value is contingent on the ends they are employed to serve in a given socio-political environment. While the contingency of fundamental rights is palpable in debates over their definition and over what they include or exclude, it is most clearly visible in the clash of fundamental rights, in particular the freedoms of expression and religion.

Walled States, Waning Sovereignty

Abstract: Walled States, Waning Sovereignty by WENDY BROWN New York, Zone Books (distributed by The MIT Press), 2010, 168 pp., 10 illustration $25.95, 19.95[pounds sterling] cloth, ISBN 978-1-935408-08-6. The future of independent and equal state sovereignties is in doubt, or so Wendy Brown argues in her monograph concerning the recent explosion in state-built border walls for keeping people either 'in' or 'out', and to differentiate between 'us' and 'them'. The author of this slim volume utilises the material, physical and psychological characteristics of walls to highlight a renewal of concern regarding the seeming imperviousness of global capital and other transnational forces to individual sovereign state power. The growing imbalance in strength between the global and the local forms in the author's view the central danger to longstanding frameworks of international relations and power-politics. Professor Brown argues in particular that, while walls may project an image of impregnability, the huge pressures being placed on traditional sovereign frameworks of governance by globalised forces have only strengthened the opposing contexts of virtual power over physical power, of open sourcing over material appropriation, of de-territorialised tentacle of control over fixed territorial limits, and so on. Accordingly, border walls can only project an image of statehood, soothe a growing sense of state powerlessness, and bolster national xenophobia against the 'outside other'. How do walls function as effective communicators? Professor Brown points to three central paradoxes of what walls represent and make visual: the power to open or block, to universalise or to exclude/stratify, and to allow virtual networking or to impose physical barriers to networking. After these binary themes are introduced, she develops two further ideas: first, that state sovereignties are today battling a larger 'sovereignty' of globalisation, in the sense of 'a higher power' or the 'power to decide', as advocated by such theorists as Carl Schmitt; secondly, that states utilise the visual symbolism of walling to project an underlying theological dimension of state power, by helping to produce sovereign awe ('God is on our side'). She develops this latter idea in particular to illustrate her premise that the more walls are built, the more 'real' state power diminishes. In turn, as walls are of dubious efficacy when faced with human inventiveness, wall-building states rely on their walls to project a more intense sense of state power, while in actuality, walls can serve only as visual coda, in the sense of the theatrical projection of a bounded, secure nation when nothing could be further from the case. For example, some walls foster a bunker mentality among those living inside them, while others securitise a way of life. Notable examples of walls today are detailed throughout the book, and include post-apartheid South Africa, which has built a complex internal maze of walls and checkpoints, and maintains a controversial electrified security barrier on its Zimbabwe border; Saudi Arabia, which has a ten-foot-high concrete post structure along its border with Yemen (soon to be followed by a similar wall at the Iraq border); and India, which has walled-out Pakistan, Bangladesh, and Burma, and has walled-in Kashmir, as well as mining, and placing barbed concertina wire along the Indo-Kashmir border. The building of walls, such as the 'Security Wall' in Israel to contain West Bank and Gazan 'terrorists', or that between the southern U.S. and Mexico, to prevent illegal migration, further illustrates the challenges and insecurities felt by the numerous states whose sovereignty is placed under severe challenge, particularly during the last half century, by the growing transnational flows of capital, people, technology, ideas, violence, and politico-religious loyalties. The importance of international institutions of economic governance such as the IMF and WTO, and in the last quarter century the ever-broader assertions of international law and individual rights, further illustrate a failing Westphalian world order of territorial sovereign states. …

If mayors ruled the world: dysfunctional nations, rising cities

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