Rule of Law

US cone of silence as Yushchenko betrays democratic values

By Online Editor -
I found this extract on the Internet that I think should be noted. I have also posted it on ForiegnNotes, an excellent blog on Ukrainian politics, and well worth reading.


RULE OF LAW

Constitutions

The rock upon which a democratic government rests is its constitution--the formal statement of its fundamental obligations, limitations, procedures, and institutions. The constitution of the country is the supreme law of the land, and all citizens, prime ministers to peasants alike, are subject to its provisions. At a minimum, the constitution, which is usually codified in a single written document, establishes the authority of the national government, provides guarantees for fundamental human rights, and sets forth the government's basic operating procedures.



Due Process

No one is above the law, which is, after all, the creation of the people, not something imposed upon them. The citizens of a democracy submit to the law because they recognize that, however indirectly, they are submitting to themselves as makers of the law. When laws are established by the people who then have to obey them, both law and democracy are served.


In every society throughout history, Frank points out, those who administer the criminal justice system hold power with the potential for abuse and tyranny. In the name of the state, individuals have been imprisoned, had their property seized, and been tortured, exiled and executed without legal justification--and often without any formal charges ever being brought. No democratic society can tolerate such abuses.

Judges may be either appointed or elected to office, and hold office for specified terms or for life. However they are chosen, it is vital that they be independent of the nation's political authority to ensure their impartiality. Judges cannot be removed for trivial or merely political reasons, but only for serious crimes or misdeeds--and then only through a formal procedure, such as impeachment (the bringing of charges) and trial in the legislature.


Source USInfo.state.gov

US Government turns a blind eye.

Its interesting to note that the US embassy has remained quite as Ukraine's Head of State, Viktor Yushchenko, clearly breaches his oath and obligations under Ukraine's constitution. Some how I think had this been in Russia the US would have been singing out loud for all to hear.

Comments

Post a Comment

Popular posts from this blog

Dissecting the vote: Zakarpattia and Ternopil

By Online Editor -
Two interesting outcomes in the final round vote that have not been widely discussed in the English media is the outcome in Zakarpattia and Ternopil. We are not sure if it has been been discussed in the Ukrainian media 1. Viktor Yanukovych was the highest polling candidate in Zakarpattiia previsoully Our Ukraine/Yushchenko were the highest. (See 2004,2006 and 2007 election results ) District 74 місто Берегове (Beregove - a Hungarian community located near the border) 2. The other interesting observation is that Yanukovych actually went backwards between the first round and the second round in Ternopiil.  In the first round Yanukovych received 6354 (0.26% of the national vote) in the second final round, with less number of candidates, Yanukovych recorded only 5370 (0.21% of the national vote)  Why Yanukovych went backwards in the second round is any ones guess but we think this  would make interesting reading.
<Additional Information>

Averting a Post-Orange Disaster - Andreas Umland

By Online Editor -
"As Ukraine's economic, social and political crisis sharpens, more and more Ukrainians may question the wisdom of conducting a costly presidential election when the Ukrainian state is almost bankrupt--if not on the brink of collapse." Constitutional Reforms and Political Stability in Ukraine by Dr. Andreas Umland Source: Harvard International Review June, 2009 After several years of impressive economic growth and encouraging political change, Ukraine has recently entered troubled waters. The democracies west of Ukraine are institutionally consolidated and internationally embedded enough to circumscribe the political repercussions of their so far relatively mild economic contractions. While being hit almost as hard as Ukraine by the world financial crisis, Russia has managed to build considerable financial reserves thanks to the enormous cash inflow into her state budget during the years of rocketing energy prices, allowing her to soften the social repercussions of the eco...
<Additional Information>

History repeats: Victor Yushchenko interferes with Ukraine's judicial process.

By Online Editor -
The Kyiv Administrative court has issued a injunction suspending the Presidents decree dismissing Ukraine's democratically elected parliament. In what is reminiscent of events unfolded last year, Victor Yushchenko has again interfered with the independence of Ukraine's judiciary . In April 2007 the Parliamentary Assembly of the Council of Europe ( PACE ) passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine . (Items 13 and 14) stated: “The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law." The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that ...
<Additional Information>