this post was submitted on 07 Nov 2023
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What exactly is the process for a complete replacement in the constitution in Ukraine? Is it something that can feasibly be accomplished during wartime?
Edit: apparently the process is "you can't" https://zakon.rada.gov.ua/laws/show/389-19#Text (Article 19 Section 1)
So basically there is no way for Zelensky to change anything about the situation without just fraglantly breaking the law (or declaring an end to martial law during wartime, which would be beyond stupid). Pretty hard to argue he's a "dictator" when literally all he's doing is following the law that was out in place well before he was elected.
Now, if the war ends and he still refuses to hold a election, I'll be right with you in calling for action, but I fail to see any fault with his current course on this specific issue
An old constitution can't control a new one. Its literally replacing the old one. Nothing it says is relevant.
So, in your opinion - in order for Zelensky to not be a dictator, he has to break all the existing rules of law in order to completely replace the existing constitution? And he should be allowed to do this unilaterally? And this would make him not a dictator? He's not a fucking monarch dude, he's the elected head of state - he doesn't have supreme authority to do whatever the fuck he feels like.
The foundation of democracy is the idea that our elected officials have to abide by the rules of law that are already in place, including (and especially) those laws that concern how other laws are made. Otherwise any elected official could just declare themselves the new supreme ruler and toss out every law that limits their power.
And that's all putting aside the question of how you would even hold an election in war ravaged Ukraine right now, a significant portion of which is under hostile occupation lol
Not unilaterally, no. The constitution establishes a dictatorship, therefore it would need to be replaced or amended to no longer have a dictator. Alternatively, they could rescind martial law, thereby ending suspension of elections and no longer be a dictatorship. And that would be required to allow them to amend the current constitution following its rules. Not saying any of those are good ideas. Just listing the options they have to not be a dictatorship (technically he could just step down as well, but that wouldn't change their government structure; just change who the dictator is).
Not his fault he's a dictator. But dictator literally refers to someone who rules in time of emergency. So by definition he's a dictator. I don't mean it as a personal insult of the person who happens to be in the position nor am I saying its outrageous for someone to keep such a position.
Which is irrelevant to the question of whether he's a dictator or not. Don't forget that the first dictator most people probably think of was also an elected head of state. Obviously I'm not comparing the actions that the two did using that position. Simply being a dictator doesn't say anything about whether their rule is justified or whether they're committing atrocities. I do think leaving the loophole in the constitution is a liability, so it eventually should be changed. But its not exactly a high priority right now.
Irrelevant, since my critique actually has nothing to do with Ukraine, but about constitutions in general.
So you're advocating for him to break the constitution he was elected to uphold, to hold an election that would have to be incomplete and unfair - all so that you, a person who isn't even a Ukrainian can feel better about the situation? Despite the fact that there's no call for this from the actual Ukranian public?
That's certainly an opinion to have lol