Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-sxzjt Total loading time: 0 Render date: 2024-04-24T07:46:42.328Z Has data issue: false hasContentIssue false

Chapter 14 - THE ILLEGITIMATE MUTATION OF THE CONSTITUTION THROUGH JUDICIAL CONSTITUTIONAL INTERPRETATION

Published online by Cambridge University Press:  05 June 2012

Allan R. Brewer-Carías
Affiliation:
Universidad Central de Venezuela
Get access

Summary

According to the 1999 Constitution, its provisions can be reviewed and modified only through the specific means established for such purpose, that is, the convening of a National Constituent National Assembly; the proposing, sanctioning, and popular approving of a “constitutional reform”; or the proposing and popular approving of a “constitutional amendment” (Articles 340–349). The common trend of all these constitutional review procedures is that the intervention of the people through referenda is always required for the Constitution to be modified, so no constitutional review is possible without the vote of the people. Any other modification, reform, or amendment to the Constitution adopted through any other means is to be considered illegitimate.

That is why, in 2007, in order to modify the Constitution for the purpose of reinforcing the authoritarian, socialist, centralized, and militaristic state that has been built during the past decade, the president proposed an extensive “constitutional reform” that after being sanctioned by the National Assembly was rejected by the people in the December 2007 referendum. After this defeat, the following year, the National Assembly sanctioned a “constitutional amendment” draft in order to implement one aspect of the 2007 reforms proposals rejected by the people, referred to the continuous and indefinite possibility for reelection of the president and other elected officials, which eventually was approved in the referendum that took place in February 2009.

Type
Chapter
Information
Dismantling Democracy in Venezuela
The Chávez Authoritarian Experiment
, pp. 335 - 358
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×