The dazzle and squalor of the constitutional process in Ukraine

Quote: During 2007 there was a great deal of talk about the need for constitutional reform. Presidential Decree №1294/2007 from 27 December envisaged the creation of a National Constitutional Council [NCC] which would include academics, politicians, regional representatives delegated by bodies of local self-government and civic figures. The President would head the Council and approve its makeup. The Council would discuss the concept for a new draft Constitution and prepare this draft.
What should the role of the NCC be? It is a consultative and advisory body under the President and it can, in my opinion, be viewed only as a convenient tool for preparing decent draft amendments and additions to the current Constitution or a draft new version of the Constitution. The NCC has no authority to review draft laws or approve any decisions, this being the prerogative of a representative body – either the Verkhovna Rada or a Constitutional Assembly especially elected for this purpose. There should also be wide public discussion of changes to the Constitution. The draft needs to be printed in large numbers and sufficient time given to ensure that all those interested have the opportunity to read it and make their comments.
The Constitution is an act of civic society and it cannot be passed solely by professional politicians who will certainly not manage to avoid the temptation of adapting the Constitution to serve their own selfish interests, or will sabotage its creation altogether. A decent draft can only be drawn up with the participation of well-known public leaders and lawyers who have people’s trust. And there was a possibility of creating a National Constitutional Council reflecting the diversity and different views of Ukrainian society: many civic associations put forward their proposals for well-known public figures to be included in the NCC. However the makeup of the NCC approved on 18 February by Presidential Decree № 139/2008, is a downright disappointment. Of 97 of its members, 40 are National Deputies [MPs] with 12 from the Party of the Regions; 11 from Our Ukraine – People’s Self-Defence; 9 from BYuT – Yulia Tymoshenko’s bloc; 5 from the Lytvyn Bloc; and 3 from the Communist Party. There are 9 employees of the Presidential Secretariat, 4 from parliamentary institutions; 2 civil servants; and 6 heads of regional councils. In a word, we see the entire political beau monde. There are only 13 specialists in law, including 5 retired judges of the Supreme and Constitutional Courts; 13 representatives of the National Academy of Sciences and higher institutes. There are 9 members of civic organizations, the vast majority of which are extensions of the same authorities.
What could this choice by the President’s Secretariat indicate?....

Full article: http://www.khpg.org/en/index.php?id=1207443053

.