Tuesday, June 10, 2008

Rule of Law

US cone of silence as Yushchenko betrays democratic values

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.

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