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Chapter 13 - THE IRREGULAR FRAUDULENT IMPLEMENTATION OF THE REJECTED CONSTITUTIONAL REFORM THROUGH LEGISLATION

Published online by Cambridge University Press:  05 June 2012

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

Once the 2007 constitutional reforms were rejected by popular vote, the president and main officials of the National Assembly publicly announced that, despite such rejection, they would implement the reforms by means of statutes and decree laws, contrary to the Constitution.

Consequently, many of the rejected constitutional reforms were illegitimately and fraudulently implemented by means of decree laws issued by the president in execution of the February 1999 enabling law. This legislative delegation was sanctioned by the National Assembly parallel to the announcement by the president at the beginning of the 2007 constitutional reform process. Nonetheless, and assuming that the presidential constitutional-reform proposal was to be approved by the people, the president began implementing it before even being sanctioned by the National Assembly and, of course, without popular approval, by means of the execution of the enabling law (delegate legislation) sanctioned in 2007 that was then used fraudulently to implement the rejected reforms, particularly in economic and social matters, to structure a socialist centralized state. This process, on the other hand, was developed in absolute secrecy with any public consultation and participation, in violation of Article 210 of the Constitution.

The process began even before the draft reforms were even submitted to the National Assembly, when Decree Law No. 5,841 was enacted on June 12, 2007, containing the organic law creating the Central Planning Commission.

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Chapter
Information
Dismantling Democracy in Venezuela
The Chávez Authoritarian Experiment
, pp. 329 - 334
Publisher: Cambridge University Press
Print publication year: 2010

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