Saturday, October 02, 2010

Constitutional Anarchy

Ukraine, following the recent ruling of Ukraine's Constitutional Court which struck down the 2004 amendments to Ukraine's Constitution, is now facing a major Constitutional Crisis with the country in a state of limbo and uncertainty.  Ukraine's Constitution and laws are not worth the paper they are printed on. Rule of Law no longer exists. Public confidence in the democratic process completely destroyed.  Yet Ukraine will survive.  It is a country that has learnt to exist without government or democratic rule of law, It is business as usual. Its political leaders having failed to restore civility and rational governance.

I'ts loss of confidence stated soon after the election of Victor Yushchenko and the failure of Yushchenko to support the formation of a governing coalition follwoing the 2006 Parliamentary election.  having lost sup;port and power yushchenko systematically undermined Ukraine's Parliamentary government destabilising the system of governance and with it his own credibility. In 2010, Yushchenko had lost the confidence of the Ukrainian people and was removed from office having only received 5% support in the January Presidential elections.

His main opponent and former Prime Minister, Viktor Yanukovych won the Presidential election and in a final act of retribution has further demolished what confidence and support remained for a proper governing proces.

The Constitutional court has been inconsistent in its own position.  Previous rulings of the Court have upheld provisions of Ukraine's Constitution as amended in 2004.  Yushchenko himself had acted to interfere with the independence of the Courts.  In 2010 Yanukovych has done more or less the same.  He replaced members of the Constitutional court with his own nominees and moved quickly to cancel the reforms that he himself had previously advocated and support.

Ukraine's Constitution needs to be thrown out and rewritten.  It is so tainted that any attempt to reform it by amendment would not be acceptable. It needs to go back to the very start and rethink what it is they really want, need and value the most.

Nearly all political commentators have expressed the same opinion but the problem still remains the unanswered question.  Does Ukraine continue t maintain a central US/Soviet sty; presidential authority or does it embrace democratic Parliamentary system of Governance in line with other European States.

The opposition lead by Yulia Tymoshenko appears to be ineffective and incapable of mounting an argument against the swell and tide of public discourse calling for a stronger centralised presidential system, There has been some talk of rejection of the Constitutional Court's ruling there is little that can be done as the Courts findings are final and can not be appealed.

There is also no sign of protest, no revolution, rebellion or peoples uprising, .  

Ukrainians just will not come out and defend democracy.  Yhey have been betrayed by their leaders in the past and they no longer see any benefit or opportunity to influence the outcome. They placed their trust in Yushchenko only to have that trust betrayed.

The "West:" are also unlikely to be able to influence the events that have just unfolded, they themselves were compromised by their past in action when they remained silent as Ukraine's past president, Victor Yushenko, demonstrated his contempt for democratic fovernment, Ukraine's Constitution and the concept of rule of law.  Yushchenko's actionsdismisisng Ukraine perviousb parliamnet  back in 2007 caused seven months of political instability and civil unrest and only served to remove all confidence in the political process.  Ukrainians want nothing to do with colored revolutions. They have been to the polls too many times and nothing has changed. only more hardship, more instability and greater division..

Ukraine is now paying the price of Yushchenko's betrayal. Democracy and rule of law no longer exist, if it ever did exist. There is no respect or confidence in the political process all they can do is hope and pray that the President will act reasonably and in other is best interest.  There is no certainty of outcome. The system and the courts have failed Ukraine.Its past president have failed Ukraine. Ukraine is in state of perpetual  anarchy where only the Presidential decree remains.