CONSTITUTIONS - THE LAW AND IGNORANCE

Have been away in France for a few days. Herewith a photo of some friends made along the way.

I should say that at the time this photo was taken Celia and I were sitting in the ‘California’ (finally acquired campervan) having a spot of lunch eating a rather wonderful paté made from the livers or our friends’ cousins. It is not a thought that occurred to me at the time. How one misses the ironies of certain situations.

But back to the 28^th June - As a piece of writing intended for performance, the Constitution of the Ukraine, adopted at the 5^th session of the Verkhovna Rada of the Ukraine on the 28^th June 1996 and readopted by the Constitutional Court of Ukraine on 1^st October 2010, is a wonderful collection of details. It gives the impression of a meeting where everyone is asked to contribute a sentence. It’s quite a list of articles and worth a read. Here are some introductory bits:

CONSTITUTION OF UKRAINE

The Verkhovna Rada of Ukraine, on behalf of the Ukrainian people - citizens of Ukraine of all nationalities, expressing the sovereign will of the people, based on the centuries-old history of Ukrainian state-building and on the right to self-determination realized by the Ukrainian nation, all the Ukrainian people, providing for the guarantee of human rights and freedoms and of the worthy conditions of human life, caring for the strengthening of civil harmony on Ukrainian soil, striving to develop and strengthen a democratic, social, law-based state, aware of our responsibility before God, our own conscience, past, present and future generations, guided by the Act of Declaration of the Independence of Ukraine of 24 August 1991, approved by the national vote of 1 December 1991, adopts this Constitution - the Fundamental Law of Ukraine.

…….

Article 3

The human being, his or her life and health, honour and dignity, inviolability and security are recognized in Ukraine as the highest social value.

Human rights and freedoms and their guarantees determine the essence and orientation of the activity of the State. The State is answerable to the individual for its activity. To affirm and ensure human rights and freedoms is the main duty of the State.

…….

Articles 21 to Article 68 form Chapter II of the Constitution entitled Human and Citizens' Rights, Freedoms and Duties. There is something interesting in the detail contained in each of the articles. The Ukraine is an area of the globe that has been the battleground for a number of dictators and potential dictators throughout history. The treatment meted out to the local citizenry, over the years, has clearly not been forgotten by the writers of this 1996 Constitution. 

  

All people are free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable. Human and citizens' rights and freedoms affirmed by this Constitution are not exhaustive. Constitutional rights and freedoms are guaranteed and shall not be abolished. The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force. Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured. Citizens have equal constitutional rights and freedoms and are equal before the law. There shall be no privileges or restrictions based on race, colour of skin, political, religious, and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic, or other characteristics. Equality of the rights of women and men is ensured: by providing women with opportunities equal to those of men, in public and political, and cultural activity, in obtaining education and in professional training, in work and its remuneration; by special measures for the protection of work and health of women; by establishing pension privileges, by creating conditions that allow women to combine work and motherhood; by legal protection, material and moral support of motherhood and childhood, including the provision of paid leaves and other privileges to pregnant women and mothers […]

Every person has the inalienable right to life. No one shall be arbitrarily deprived of life. The duty of the State is to protect human life. Everyone has the right to protect his or her life and health, the lives and health of other persons against unlawful encroachments. Everyone has the right to respect of his or her dignity. No one shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment that violates his or her dignity. No person shall be subjected to medical, scientific, or other experiments without his or her free consent.

And so it goes on, detail after detail, listing all the crap that has befallen the local inhabitants. It also contemplates the duties of the citizen towards the state:

Defence of the Motherland, of the independence and territorial indivisibility of Ukraine, and respect for its state symbols, are the duties of citizens of Ukraine. Citizens perform military service in accordance with the law. Everyone is obliged not to harm nature, cultural heritage and to compensate for any damage he or she inflicted. Everyone is obliged to pay taxes and levies in accordance with the procedure and in the extent established by law. All citizens annually file declarations with the tax inspection at their place of residence, on their property status and income for the previous year, by the procedure established by law. Everyone is obliged to strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the rights and freedoms, honour and dignity of other persons. Ignorance of the law shall not exempt from legal liability.

Ignorance of the law. How does one hold someone accountable for doing something he/she didn’t know they were not supposed to do? There are things everyone knows one is not supposed to do. Standard stuff such as not killing each other or stealing -although there are times people take things they don’t think belong to anyone – but that’s another issue. These are things that are usually prohibited by law, but more as a way a cataloguing methods of punishing people for breaking what appears to be a universal law. What about stuff that is made illegal that is not illegal in other places? This question of ignorance of the law is no excuse is not so easy to excuse in certain instances. Or is it? 

Another Constitution in the same area, but further to the north, was adopted in Estonia on the 28^th June 1992 some four years earlier that the Ukraine, but with much the same kind of detail. After the preamble:

"With unwavering faith and a steadfast will to strengthen and develop the state, which is established on the inextinguishable right of the people of Estonia to national self-determination and which was proclaimed on 24^th February 1918, which is founded on liberty, justice and law, which shall protect internal and external peace, and is a pledge to present and future generations for their social progress and welfare, which shall guarantee the preservation of the Estonian nation, language and culture through the ages, the people of Estonia, on the basis of § 1 of the Constitution which entered into force in 1938, and by a referendum held on 28^th June 1992, adopted the following Constitution."

The current constitution contains fifteen chapters:

The first chapter of the Constitution addresses the nation's general provisions. It contains seven articles. The second chapter of the Constitution of Estonia discusses the people's rights, liberties, and duties. Chapter 3 addresses the people of Estonia. Chapter 4 deals with the Estonian Parliament (Riigikogu). Chapter 5 pertains to the President of Estonia and his or her duties, responsibilities, and rights. Chapter 7 addresses the legislation of the Republic of Estonia. Chapter 8 addresses financial issues and the budget of the Republic of Estonia. Chapter 9 addresses international relations and treaties. Chapter 10 addresses Estonia's national defense. Chapter 11 pertains to the function and the role of State Audit Office. Chapter 12 pertains to the rights, functions, and appointment of the Chancellor of Justice. Chapter 13 pertains to the structure and operation of the judicial system and the courts. Chapter 14 pertains to the jurisdictional, administrative and budgetary aspects of local governments in Estonia. Chapter 15 pertains to mechanisms and procedures related to amending the Constitution.