Constitution of Venezuela
The Constitution of the Bolivarian Republic of Venezuela is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. Adopted in December 1999, it replaced the 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez. Chávez and his followers refer to the 1999 document as the "Constitución Bolivariana" because they assert that it is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism.
The Constitution of 1999 was the first constitution approved by popular referendum in Venezuelan history, and summarily inaugurated the so-called "Fifth Republic of Venezuela" due to the socioeconomic changes foretold in its pages, as well as the official change in Venezuela's name from the República de Venezuela to the República Bolivariana de Venezuela. Major changes are made to the structure of Venezuela's government and responsibilities, while a much greater number of human rights are enshrined in the document as guaranteed to all Venezuelansincluding free education up to tertiary level, free health care, access to a clean environment, right of minorities to uphold their own traditional cultures, religions, and languages, among others. The 1999 Constitution, with 350 articles, is among the world's longest, most complicated, and most comprehensive constitutions.
One of the outstanding differences between Venezuelan and most of the other constitutions of the Americas is the lack of the possibility of impeachment of the president by the national parliament. Instead, the president can be removed from office either by citizens through a recall referendum or by decision of the Supreme Tribunal of Justice.
Origins
Conceptualization
President Hugo Chávez was first elected under the provisions of the 1961 Constitution in the presidential election of 6 December 1998. Chávez had been contemplating a constitutional convention for Venezuela as an ideal means to rapidly bring about sweeping and radical social change to Venezuela beginning from the eve of his 1992 coup attempt.After his imprisonment and release, he began to seek a political career with such a convention as its political goal. In the buildup to the 1998 presidential elections, one of Chávez's promises was to organise a referendum asking the people if they wanted to convene a National Constituent Assembly. His very first decree as president was to order a referendum, which took place on 19 April. The electorate were asked two questionswhether a constituent assembly should be convened, and whether it should follow the mechanisms proposed by the president. 92% of voters approved calling a constituent assembly and 86% approved the electoral system suggested by Chávez.
Election of the Constituent assembly
Elections were then held, on 25 July, to elect 131 deputies to the Constituent Assembly, which convened and debated proposals during the remainder of 1999. Members of Chávez's MVR and allied parties formed the Polo Patriotico. The alliance went on to win 121 of the 131 seats in the Constituent assembly.The "judicial emergency committee"
Conflict soon arose between the Constituent assembly and the older institutions it was supposed to reform or replace. During his 1998 presidential campaign, and in advance of the 25 July elections to the Assembly, Chávez had maintained that the new body would immediately have precedence over the existing Congress and the courts, including the power to dissolve them if it so chose.Against this, some of his opponents, including notably the Chief Justice of the Supreme Court, Cecilia Sosa Gomez, argued that the Constituent assembly must remain subordinate to the existing institutions until the constitution it produced had been ratified.
In mid August 1999, the Constituent assembly moved to restructure the nation's judiciary, claiming the power to fire judges, seeking to expedite the investigations of corruption outstanding against what The New York Times estimated were nearly half of the nation's 4700 judges, clerks, and bailiffs.
On 23 August, the Supreme Court voted 8–6 that the Assembly was not acting unconstitutionally in assuming those powers; however, the next day Cecilia Sosa Gomez resigned in protest. Over 190 judges were eventually suspended on charges of corruption.
On 25 August, the Constituent assembly declared a "legislative emergency," voting to limit the Congress's work to matters such as supervising the budget and communications. In response, the Congress, which in July had decided to go into recess until October to avoid conflict with the Constituent assembly, declared its recess over, effective 27 August.
At one point the Constituent assembly prohibited the Congress from holding meetings of any sort. However, on 10 September, the two bodies reached an agreement allowing for their "coexistence" until the new constitution took effect.
Framing of the new constitution
Afterward, over the span of a mere 60 days in late 1999, the new and voter-approved Constituent assembly would frame and found a document that enshrined as constitutional law most of the structural changes Chávez desired. Chávez stated such changes were necessary in order to successfully and comprehensively enact his planned social justice programs. Sweeping changes in Venezuelan governmental structure were to be made; Chávez's plan was, stemming from his 1998 campaign pledges, thus to dramatically open up Venezuelan political discourse to independent and third parties by radically altering the national political context. In the process, Chávez sought to fatally paralyse his AD and COPEI opposition. All Chávez's aims were, in one move, dramatically furthered.Ratification by popular referendum
On 19 November 1999 the National Assembly voted on the draft which was proposed for the December 1999 Venezuelan constitutional referendum on 15 December 1999 and approved with a 72% "yes" vote. The new constitution then legally came into full effect the following 30 December when it was published in the official gazette.Text and guiding doctrines
The text of the constitution is a hybrid of jurisprudential and political norms drawn from sources as wide as Simón Bolívar's writings on constitutionality and popular sovereignty, José Martí, the Peruvian Marxist José Carlos Mariátegui, and Evgeny Pashukanis. While it retains a strong liberal-democratic base, it introduces elements of direct democracy such as elements of popular sovereignty, social responsibilities, right to rebel against the violation of the constitutional system and the independence of the republic from foreign domination. Besides these elements, separation of powers and rights of property, expression and strike were mainly kept the same as on the previous constitution.Innovations of the new constitution
The Constituent assembly itself drafted the new 1999 Venezuelan constitution. With 350 articles, the document was, as drafted, one of the world's lengthiest constitutions.Name of the state
Despite the initial reluctance of the constituent assembly's deputies, it changed the country's official name from the "Republic of Venezuela" to the "Bolivarian Republic of Venezuela".Five branches of government
Significant changes were made to the separation of powers. Instead of the usual three branches of government, the new Bolivarian Republic of Venezuela has five :- The executive branch.
- The legislative branch.
- The judicial branch.
- The electoral branch.
- The citizens' branch.
A strengthened and recallable presidency and the creation of a functioning vice-presidency
It also increased the presidential term of office from five to six years, subject to a limit of two terms. The document also introduced provisions for national presidential recall referendumsthat is, Venezuelan voters now were to be given the right to remove their president from office before the expiration of the presidential term. Such referendums were to be activated upon provision of petitions with a valid number of signatures. The new provision was activated for the first time when such a referendum was held in 2004, but it failed to receive majority support. See 2004 Venezuelan recall referendum. The Presidency was also strengthened, aside from being the Chief Executive, head of state and head of government, with the power to dissolve the National Assembly under certain conditions, and can issue decrees that has the force of law, upon authorization by the National Assembly.In 2009, term limits were abolished by a referendum.
And a post of vice-president was recreated to direct the day-to-day operations of the government and to exercise duties and powers that may delegated by the President as well as to act as the chief operating officer of government and the cabinet. The vice-president can be removed via impeachment by the National Assembly. The vice-president is also politically responsible to the National Assembly side by side with the ministers of Cabinet. Upon the vacancy of the office of the president upon death, recall, resignation or impeachment by the STJ, the vice president thus assumes the office and title of the presidency. This happened in March of 2013 when Nicolas Maduro, who won the vice presidency the year before, assumed the presidency upon the death of Hugo Chavez.