Constitutionalism refers to the constitution's supremacy and determining role in the system of relations between the state and its citizens.
In the case of Ukraine, it reflects a long-standing struggle for self-government, legal rights, and national identity.
Ukraine's constitutional development has been marked by periods of foreign rule, revolutions, and the pursuit of democracy, with each era adding its own unique elements to the country's constitutional heritage.
The mediaeval prehistory of Ukrainian constitutionalism laid the foundations for the future development of ideas about power limits, law and order, and public participation in governance.
One of the most important documents is the Rus Justice [Law], written in the 11th century during the reign of Yaroslav the Wise, Kyivan Rus' grand prince from 1019 to 1054.
This is the first known codification of customary law on Ukrainian territory in the spirit of continental legal tradition. Humanistic elements can be found in this work, such as the abolition of the death penalty.
Regardless of their privileged position in society, all freemen had the right to defend their rights to life, health, and property and provide the court with a basis for a fair verdict.
Pylyp Orlyk (Zaporozhian Cossack statesman) compiled one of the earliest and most notable documents in Ukraine's constitutional tradition, the Constitution of 1710.
This constitution is also known as the 'Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host.'
The Orlyk Constitution was not a 'constitution' in the modern sense, as it was a pact between the hetman, elders, and Cossacks rather than a state constitution.
Following the defeat of the Swedish-Ukrainian alliance at the Battle of Poltava in 1709, Orlyk, a close ally of Hetman (the Cossack state's leader) Ivan Mazepa, sought to establish a new political framework for Ukrainian self-government in exile.
Draughted while Orlyk lived in Bendery (modern-day Moldova), the document was heavily influenced by the Zaporizhzhian Cossacks' legal traditions and sought to preserve their autonomy through a system of checks and balances.
In terms of content, it defended Ukraine's right to independence and its state system. However, the most important aspect is the proposed division of power into legislative, executive, and judicial branches, which is a first in legal thought.
The constitution outlined:
-Limitations on the authority of the hetman, ensuring that his powers were balanced by an elected council of officials (the General Council).
-Guarantees for Cossack liberties and rights, particularly the right to elect leaders and participate in governance.
-A commitment to Orthodox Christianity as a protection for the Church's role in society.
After Ukraine's loss of statehood at the end of the 18th century, when its territory was divided between the Russian and Austrian empires, the formation of constitutional ideas continued in conjunction with the growth of the national liberation movement.
During this period, important processes took place that formed the foundations for the future struggle for independence and the legal system.
One of the most significant initiatives of the time was the Cyril and Methodius Brotherhood (1845-1847), which proposed a federation of Slavic peoples with a republican form of government.
It was the first Ukrainian secret political organisation, founded in Kyiv in late 1845 on the principles of the Ukrainian liberation and autonomist movement.
Their programme, The Book of Genesis of the Ukrainian People, outlined the idea of restoring Ukraine as a democratic republic.
Then, in the late 19th century, the focus of the national movement shifted from Naddniprianshchyna (the historical and geographical part of Ukraine that originally included the central and northern regions of Ukraine and is geographically connected to the Dnipro basin) to Galicia (a historical region in western Ukraine to the north of the Carpathians and bounded on the east by the Zbruch River).
At the time, the constitutional concepts of Mykhailo Hrushevsky (prominent historian), Vyacheslav Lypynsky (public and political figure), and Mykola Mikhnovsky (ideologist of Ukrainian independence) were competing on Ukrainian territory.
The modern constitutional process is inextricably linked with Ukraine's proclamation of independence. The work on adopting the Basic Law of Independent Ukraine began in 1992 and lasted nearly four years. After years of intense political debate, Ukraine's Constitution was adopted on June 28, 1996. This document is still the foundation of Ukraine's legal and political systems today.
Ukraine's Constitution of 1996 established it as a sovereign, independent, and democratic state. Key features include:
-A presidential-parliamentary system of governance, with powers divided between the president, parliament (the Verkhovna Rada), and the judiciary.
-Guarantees of fundamental human rights and freedoms, including freedom of speech, assembly, and the press.
-The rule of law and the principle that all people are equal before the law.
-A commitment to economic and social rights, including the right to work, education, and healthcare.
The 1996 Constitution has has undergone several amendments, particularly during periods of political crisis, such as the Orange Revolution in 2004 and the Revolution of Dignity in 2014.
These amendments have generally aimed to limit executive power while reinforcing democratic and rule-of-law principles within Ukraine's structure of government.
Ukraine's constitutional tradition reflects the country's long-standing struggle for sovereignty and democracy.
From Pylyp Orlyk's early vision to the modern 1996 Constitution, Ukraine's legal framework has evolved over time, serving as both a reflection of the country's aspirations and as a tool for political transformation.
As Ukraine continues to face external challenges and internal reforms, its constitutional tradition remains central to its identity and governance.
