Saturday, October 02, 2010

The paradoxical question of legitimacy and mandate

"Ukraine's 1996 constitution was hailed around the world at the time as 'the most democratic' in the former Soviet Union"

A presidential system by its design autocratic not democratic.

Latvia and Estonia have much more democratic constitutions then Ukraine's. Ukraine's biggest mistake was not adopting a European Parliamentary model from day one. The struggle to democratise Ukraine has been debated for decades. Proposals to change the system back in 2003 failed by five votes thanks to Yushchenko who has consistently opposed democracy in Ukraine.

The only reason the 2004 amendments failed was due to Yushchenko and his ongoing misuse and abuse of office. His actions in 2007 dismissing Ukraine's Parliament had undermined political stability and confidence in the political process. Yanukovych's consolidation of power has only brought his office into disrepute as previously Yanukovych, when he as prime-minister advocated the parliamentary system. Such hypocrisy indicates a lack of conviction leaving him wide open to the allegation of opportunism seeking power for powers sake. The determination of the Constitutional Court will only fuel further unrest and disillusionment in the democratic process. Both Yushchenko and Yanukovych have successivley destroyed democracy in Ukraine.

Yanukovych, like Yushchenko, was elected on the understanding that power and government was held and determined by the peoples democratically elected parliament.

The change in the system forced by the Court has negated the President and Parliament's mandate.

There is no other alternative.

Ukraine must now hold fresh Parliamentary and presidential elections.