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Afryka
|
2017
|
issue 45
135-143
EN
One of the essential elements of Kenyan political history is the issue of constitutionalism. From 1963 until 2010, the so-called “Lancaster House Constitution” was in force. It was outdated, repeatedly amended and associated with Jomo Kenyatta’s and Daniel Arap Moi’s authoritarian regimes. In the 1990s, the newly formed and now legal political opposition, leading Kenyan figures and human rights organisations increasingly demanded a democratisation process, an important element of which was meant to be a new Kenyan constitution. The authors of the book discuss this subject matter, which is especially important for the process of Kenyan constitutional reform.
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Proces konstytucyjny na Ukrainie w latach 2014-2016

75%
EN
The article presents the constitutional process that took place in Ukraine in 2014–2016. The regulations of the constitutional acts passed by the Supreme Council of Ukraine (Verkhovna Rada) have been outlined as well as bills of acts assuming the introduction of further changes to the Constitution of Ukraine. Norms of the act “On reinstating the effectiveness of some provisions of the Constitution of Ukraine” of February 21, 2014, and of the act “On introducing changes to the Constitution of Ukraine (in the scope of judiciary)” of June 2, 2016, have been analyzed. Moreover, the author focused on three constitutional bills registered in the parliament and assuming amending the Constitution of Ukraine in the field of powers of the state organs and of the local governments, immunity of Ukrainian MPs and judges as well as in the field of decentralization of power.
EN
Russia’s continuing aggression against Ukraine is exceptional both in terms of its scale and its global implications. A peaceful and prosperous future for Ukraine, neighbouring states and indeed the entire continent, depends upon two interrelated factors. The first is Ukraine’s ability to win, with Western support, the war initiated against it by the Russian Federation under Putin. This would bring about a new global opening, ending the Moscow-Beijing anti-Western axis in world politics. The second factor is Ukraine’s ability to take advantage of the constitutional moment that will present itself as attention shifts from the military effort toward the process of state reconstruction. Presenting the situation of Ukraine in regional, historical, and global context, we draw attention to specific challenges and choices that state elites will face post-war. We explain the internal and external implications of these choices to show why Ukraine should seize its upcoming constitutional moment. Drawing on both political theory and real world examples of constitutional revolutions, we explain the factors involved in the effective exploitation of the constitutional moment. We suggest that, channelled to constructive purposes, the demands and aspirations of Ukrainian citizens may help propel the political and economic reforms needed to secure social trust and a stable future. We conclude that multi-level political and civic engagement in a new constitutional process will be indispensable for reconstructing the institutional foundations for peace, democratic governance and the rule of law in post-conflict Ukraine.
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