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This May, it was my pleasure to partake in the festivities to celebrate the 300th anniversary of the Ukrainian Constitution of Pylyp Orlyk. This constitution, approved on April 5, 1710, was a great achievement of political, philosophical and legal thought, and was the first European constitution in a modern sense. Democracy has travelled a long way and evolved a great deal since this groundbreaking document was first drafted. But this Constitution did much to pave the way for our modern political framework. One important advancement provided by this document was the establishment of a separation of government powers into three branches: legislative, executive and judicial. Another important principle from modern democracy that can find its roots in the Constitution of Pylyp Orlyk is that of independence or state sovereignty, established through an emphasis on freeing Ukraine from “foreign domination.” The Constitution served to limit the Hetman’s power in favour of the Council, a legislative body not unlike our current Parliament. Inclusion of Magdeburg law made provisions for local self-government, ensuring that citizens have their say and are able to advocate for their own interests. Shadows of many of the democratic principles so instrumental in the French Revolution can be found 80 years earlier in the first Ukrainian Constitution. The American Declaration of Independence also echoes and brings to fruition the ideas of natural rights expressed in this document. While this Constitution was the first of its kind in Europe and it served to sow the seeds of many democratic principles that would later become an important part of government institutions, it is important to note that, despite being recognized immediately by the governments of Sweden and Turkey, it never went into effect. Nearly three centuries later, in 1996, Ukraine finally adopted a democratic Constitution as the independent Ukrainian state. This document serves as proof that the seeds of a democratic nation ruled by the Constitution of Pylyp Orlyk are bearing fruit in modern Ukraine. As Canadians, we owe much to the people of the Ukraine who, for centuries, fought to advance the principles of modern democracy so they could take effect all over the world and ensure citizens were adequately respected and protected by their rulers. -30- |