Tuesday, October 05, 2010

Perpetual Constitutional Crisis The chorus begins to sing louder

Yulia Tymoshenko has joined what has become a chorus of voices calling for spill of all positions and the holding of fresh Parliamentary and Presidential elections in the wake of the Constitutional Court's October 1 ruling.
 She joins the Rukh Party and the Socialist party of Ukraine in calling for a renewal  both  tiers of government.

The Constitutional Courts ruling has left many questions unanswered, the most important being how do you reconcile the mandate given to the Parliament an the President  given that both bodies of power were elected under a different system of government and a different Constitutional authority.  Ukrainian's voted them into office on the understanding that the divisions of power were different than what they are today.

This leaves Ukraine with only two valid options .

1. Reinstate the 2004 amendments nn pursue reform though proper process o consultation an reviie or
2. Declare a spill in the Office of the president and members of Parliament and hold fresh Parliamentary and Presidential elections in March 2011.

The question is will Yanukovych have teh courage and convcitions to put matters right and if need be face the people of Ukraine in a fresh presidnetial ballot.  Yushchenko when presented with a similar option back in 2007 refused to renew his mandate. The other issue of course is if fresh presidnetiaal elections are held and  Yanukovych won he would be deamed to have served two terms and as such could not run for a further term of office.  This leaves option one the front door approach.   Reinstate the 2004 amendments and then seek further amendments to Ukraine's Constitution.