Pylyp Orlyk’s Constitution laid out the structure of a republic with separation of powers — 38 years before Montesquieu became known as “the principal source of the theory of separation of powers, which was implemented in many constitutions throughout the world”.
And 77 years before the Montesquieu-influenced U.S. Constitution.
But how could Ukrainian Orlyk influence the US Founding Fathers? Orlyk’s son Grégoire Orlyk left Sweden and became a French general and a diplomat in the court of Louis XV. Per Wikipedia, “Grégoire Orlyk was an acquaintance of the French philosopher Voltaire, and championed the Ukrainian cause in France and other countries”. There is evidence that Grégoire Orlyk shared with Voltaire his father’s 1710 Constitution ideas.
Voltaire knew Montesquieu and although they had many differences, they agreed that slavery was evil. “Montesquieu was almost always in error with the learned, because he was not learned, but he was almost always right against the fanatics and the promoters of slavery,” wrote Voltaire in his Philosophical Dictionary.
In 1748, Montesquieu published The Spirit of Law in which he argued for a government balanced between legislative, executive, and judicial branches — with a separation concept very similar to the unique model Pylyp Orlyk had devised. “The Spirit of Law, which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution.”
Could ‘not learned’ Montesquieu invent such a system on his own or did someone share it with him? Since Grégoire Orlyk, Voltaire, and Montesquieu frequented the same circles in Paris, it is more than likely that he heard the ideas of Orlyk’s Constitution during some discussions either public or private.
What is important in this whole story is the fact that
- The spirit of democracy was well-developed in Ukraine more than three centuries ago at the time when Muscovy was an authoritarian regime at its worst;
- Legal thought in the Ukrainian elite class was ahead of time even in comparison with enlightened Europe; Thus Ukraine was not a ‘borderland’ of Muscovy in any sense, but Muscovy was a backward semi-Asiatic despotic empire to the east of Europe;
- The name ‘Ukraine‘ was well-known in Europe at the time as well as its struggle for independence;
‘Ukraine Always Aspired to Liberty,’ – wrote Voltaire in 1731 (!) >
Kyiv King Yaroslav the Wise was known as the Lawgiver in the 10th century Europe. Pylyp Orlyk’s Constitution may have its roots in the legal thought of that period.
‘Kyiv Rus in Heimskringla Sagas and Byzantine Texts‘ book has some little-known facts about the times of the most famous Kyiv dynasty.
