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From Constitutional Volatility to Constitutional Stability: Any Chance to Reconcile Constitutionalism and Power Struggle in Ukraine?

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Tyushka A.

Historia i Polityka

2016

issue 16(23)

57-71

This article addresses the problem of the ongoing constitutional transition in Ukraine that has been revived by the Maidan revolution of 2013–2014. The constitutional transition is increasingly seen as being key for solving what is apparently the greatest political crisis in the country’s history, for providing long-term stabilization of Ukraine’s constitutional order and ensuring democratic development. The article sheds light on a series of revolutionary causes of the current constitutional reform, against a broader context of preceding instrumentalization of constitutional politics and volatility of the constitutional process. Pre-revolutionary (presidential-parliamentary) and post-revolutionary (parliamentary-presidential) constitutional settings are compared, whilst the ramifications of re-transition to parliament- -dominated rule are also scrutinized. Finally, against the backdrop of an unfinished constitutional reform, the argument developed in the of the constitutional setting of Ukraine as both a desirable and necessary development to stabilize social-political and constitutional orders of the county.

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From Constitutional Volatility to Constitutional Stability: Any Chance to Reconcile Constitutionalism and Power Struggle in Ukraine?