Venezuela Constitution, Powers and Government

Constitution

The current Constitution of the Bolivarian Republic of Venezuela, adopted in national constitutional referendum on 15 of December of 1999 and promulgated by the National Constituent Assembly on 20 December of the same year, states that Venezuela is a social state of law and justice, Democratic and Federal.

The people of Venezuela, in exercise of their creative powers and invoking the protection of God, the historical example of our Liberator Simón Bolívar and the heroism and sacrifice of our aboriginal ancestors and of the precursors and builders of a free and sovereign homeland; with the supreme aim of re-founding the Republic to establish a democratic, participatory and protagonist, multi-ethnic and multicultural society in a federal and decentralized State of justice, which consolidates the values of freedom, independence, peace, solidarity, good common, territorial integrity, coexistence and the rule of law for this and future generations; ensure the right to life, work, culture, education, social justice and equality without any discrimination or subordination; promote peaceful cooperation among nations and promote and consolidate Latin American integration in accordance with the principle of non-intervention and self-determination of the peoples, the universal and indivisible guarantee of human rights, the democratization of international society, nuclear disarmament, ecological balance and environmental legal assets as common and inalienable heritage of humanity; in exercise of their original power represented by the National Constituent Assembly through free vote and in a democratic referendum (…) nuclear disarmament, ecological balance and environmental legal rights as common and inalienable heritage of humanity; in exercise of their original power represented by the National Constituent Assembly through free vote and in a democratic referendum (…) nuclear disarmament, ecological balance and environmental legal rights as common and inalienable heritage of humanity; in exercise of their original power represented by the National Constituent Assembly through free vote and in a democratic referendum (…)

Preamble to the Venezuelan Constitution [17]

National Constituent Assembly 2017

In recent years, Venezuela experienced a “dangerous increase in the intensity of opposition action.” The oligarchy tried to remove President Nicolás Maduro from Miraflores and this led to fierce internal and external attacks against Venezuela, a country located in South America according to AREACODESEXPLORER.COM, where powerful groups in the United States, allied governments, the large international media and the Venezuelan right coincided. [18]

The opposition repeatedly rejected the dialogue and chose to activate a continuous coup d’état and fill the country with violence, creating a scenario of conflict and rising violence that its legitimate government was unaware of.

That’s when the 1 as maypole as 2017, Nicolas Maduro, constitutional president, convened a National Constituent Assembly for peace and dialogue in the country [19] .

“Today, May 1, I announce that in use of my presidential powers as constitutional head of State, according to article 347, I am calling the Original Constituent Power so that the working class and the people convene the National Constituent Assembly.”

Maduro appointed a presidential commission, led by Elías Jaua, to take the proposal to the consultation of the popular bases and clarify all doubts about the Original Constituent Power.

Despite all the attempts at sabotage and violence called by the opposition leaders to prevent the people’s vote, on July 30, 2017, a direct, secret and universal election took place to choose 537 of the 545 deputies to the National Assembly. Constituent [20] .

A total of 8,089,320 Venezuelans participated in the election of the 537 members of the National Constituent Assembly, a figure that represents 41.53% of the electoral roll.

The opposition tried everything to stop the process. Burn people, block the streets, intimidate the neighbors, put a padlock on the exit doors in the urbanizations, set fire to businesses, assassinate candidates, interrupt transportation, hinder productive activity in several cities, impede the circulation of food, blow up trucks or threaten those who wanted to vote. Defame, assault, scare. Any method was considered valid to prevent the holding of elections to the National Constituent Assembly called by the government. The parties of the right, [21] .

National Assembly

The National Assembly of Venezuela gathered in the main Chamber during an extraordinary session

The Legislative Power is unicameral and resides in the National Assembly, being in charge of the formation, discussion and enactment of federal laws, in addition to those that govern the Capital District, the Dependencies and the Federal Territories. It is also in charge of sanctioning the basic legal codes of the country. It is currently made up of 167 deputies who serve for five years and can be re-elected in accordance with Amendment No. 1 of the National Constitution. The number of deputies may vary according to the increase in population.

The deputies are elected by universal, direct and secret suffrage in each federal entity, and they have the responsibility of representing the people and the states as a whole. Their election is made under the premise of the personalized proportional representation system, according to the population base of 1.1% of the total population of the country. Each federal entity, as well as all indigenous peoples, has the right to elect three deputies. Deputies must pass bills for them to become law, but the president has veto power. In that case, the National Assembly reconsiders the bill. The President and Vice Presidents of the Assembly will promulgate it, the bill becomes law, even without the signature of the President of the Republic.

The Board of Directors is made up of a President, two Vice-Presidents, a Secretary and an Undersecretary [22] .

Executive

The President of Venezuela is elected by direct, secret and universal suffrage. He functions both as Head of State and Head of Government and also as Commander-in-Chief of the National Armed Forces and direct Head of the Militia. His mandate lasts 6 years, having the possibility of being reelected for new periods, according to Amendment No. 1. He can appoint the Vice President of the Republic and decide the composition of the cabinet.

You can also ask the legislature to reconsider sections of laws it finds inappropriate, but a simple parliamentary majority can override these objections. The Constitution also establishes that the National Assembly can grant by majority of its members special legislative powers for the president to issue decrees with force of law, previously considered by the Legislature.

Venezuela Government