Democracy, Constitutional Supremacy and Legitimacy: The Case of Ukraine
Another important aspect that I also discuss is the fact that the demands and/or appeals to the Constitution, Constitutional Rights and Supremacy, and principles of Division of Powers were one of the main themes of all significant civil protests (revolutions) in Ukraine – most particularly Student protests of 1990 (Revolution on Granite), Orange Revolution of 2004, and Maidan / Revolution of Dignity (2013-2014). I argue drawing on empirical data that underlining values and intentions which pulled people toward participation in Ukrainian revolutions are closely connected to the particular understanding of human rights and freedoms and to the vision of ideal rule of law, however removed it might have been from their actual everyday reality.
Thus I argue the need for a comprehensive sociological analysis of an ongoing Judicial reform in Ukraine and changes it will bring to the Constitutional Court and process and further to the political system and governance. Recent media discourse and professional legal discourse regarding the Constitutional and Judicial reform are analysed. I also discuss the ongoing debate if suggested reform of Constitutional Court will ensure democratic governance.