This volume represents a historical comparison of the American and the EU European constitutional experiences and lessons to be derived therefrom for the present time. It is designed to deepen the understanding of the historical and political dimensions of constitutional designs and practises on two continents. Hopefully, such historical depth charts will expand the horizon of debates among experts and decision-makers. The first part concentrates on the historical dimension. It deals with the experiences and perceptions of basic American political principles, developments of international and humanitarian law, and the historical dimension of constitutional debates. The second part of the book aims at culling potential lessons from the American constitutional experience and the remarkable longevity of the U.S. constitution. Additional chapters concentrate on specific aspects and elements of the European constitutional debate (courts of law, human rights, minority protections, as well as gender equality). Still other contributions focus on the historical context of the recent European Constitutional Convention. Chapters on writing a European 'bill of rights', the EU reform debates of the 1990s, and finally an analysis of the Brussels Constitutional Summit of June 2004 are also included. The spillover effects of the economic and monetary union on the constitutional debates are covered here, as well as Asian perceptions of European integration. Practitioners and scholars address in this volume historical, political and diplomatic dimensions and achievements in the process of European constitution making and ist chances of success in the future. Finally, the current tensions in the Atlantic world are analysed and what they may portend for the future of European Union security options.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.