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The System of Limited Government: The European Model and Ukraine’s Experience

Pages
18
2015 / No. 1
Digital Edition

THE SYSTEM OF LIMITED GOVERNMENT:
THE EUROPEAN MODEL AND UKRAINE'S EXPERIENCE

OLENA BORYSLAVSKA
PhD, Associate Professor, Ivan Franko National University of Lviv, Ukraine

The article is devoted to the issues of formation of limited government in a sovereign Ukraine. The analysis of its experience confirms that the existence of democratic institutions and procedures is not sufficient safeguard against the usurpation of power, which, after it occurs, contradicts the very foundations of democracy. It is noted that the constitutional reforms of 2004 and 2010 were aimed at changing the form, not the substance of government. Attention is focused on the importance of formation of the constitutional system of limited government in Ukraine based on the European model. The European model of constitutionalism is considered as an institutional system. Based on its elements, the author analyzes the Ukrainian experience and identifies the main problems to be solved.

[This article is based on a presentation by the author at the World Congress of Constitutional Law organized by the University of Oslo in 2014 and was first published at the website of the Faculty of Law of this University. The article is republished in the CEELS upon authorization of the Congress's organizer.]

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