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Venezuela Constitutional Development
Until 1961 Venezuela had the unenviable distinction of
having
been governed by more constitutions than any other Latin
American
country. This was partly the result of the trauma of a
prolonged
war of independence that tested the country's fragile
social
cohesion. Venezuelans are proud of the fact that Bolívar
brought
freedom to his homeland as well as to the homelands of
thousands
of other Latin Americans; this epic crusade, however,
carried an
enormous financial and human burden. The struggle also
often
pitted the criollo elite, exemplified by Bolívar, against
pardos (see Glossary) who rightfully felt that they
had
improved their lot under Spanish rule. In turn, regional
elites,
resentful of Caracas's ascendancy, refused to join the
crusade
and often turned to the Spanish side in an effort to
curtail
Bolívar's power
(see The Epic of Independence
, ch. 1).
The prolonged war for independence and the subsequent
jockeying for power among caudillos, both regional and
national,
in part accounted for the changes in constitutions and in
constitutional provisions to better suit the temper and
the
realities of the times. Each caudillo scrapped the
previous
constitution and wrote a basic law that suited him better.
Federalism, for example, an ideal in Venezuela since
before 1864,
was rudely brushed aside whenever a strongman emerged in
Caracas
who needed to put down opposition from local or regional
chieftains. Federalism has enjoyed a more hospitable
environment
since the promulgation of the 1961 constitution, but no
federalist tradition strong enough to challenge the
continuing
power of the president has yet arisen. Thus, although the
possibility of direct election of state governors existed
under
various constitutions, the actual practice was not
implemented
until 1989.
The states are considered autonomous and equal as
political
entities, but their dependence on Caracas for budget
allocations
ensures that state powers are indeed limited. On the other
hand,
they do have some symbolic powers. For example, they can
change
their names, they can organize local governmental
entities, and
they can perform a few other functions on their own.
Although the division of powers among the executive,
the
legislative, and the judicial branches has been
traditional in
Venezuelan constitutions, the executive has overshadowed
the
other two branches throughout the country's history. A
greater
break with the past came in the 1961 constitution in its
painstaking elaboration of individual and collective
duties and
rights. No fewer than seventy-four articles deal with
human
rights and freedoms. Freedom of speech, press, and
religion are
guaranteed. The right of habeas corpus is recognized, and
prompt
trials are ensured (although the cumbersome judicial
system
effectively thwarted the latter guarantee). There are also
constitutional prohibitions against self-incrimination,
torture,
capital punishment, double jeopardy, and discrimination on
the
basis of sex, creed, or social condition. The 1961
constitution
also places many social obligations on the state, such as
responsibility regarding labor, social welfare, and the
national
economy. Working hours are specified, minimum wages
guaranteed,
and there is freedom to strike. Special protection is
provided
women and minors in the labor force.
The government has many powers and responsibilities in
regard
to national economic development. Private property and
private
enterprise are protected so long as they do not conflict
with
national policies. In turn, the national government is
given wide
latitude in the areas of industrial development and
protection of
natural resources, and in provisions for the expropriation
of
property.
It is fairly easy to amend and even rewrite the
constitution.
Amendments can be initiated by one-fourth of one of the
chambers
of Congress or one-fourth of the state legislative
assemblies. An
amendment requires a simple majority for passage by
Congress. If
passed by Congress, an amendment still requires
certification by
two-thirds of the states to become part of the
constitution.
Provisions for reforming or rewriting the constitution are
similar; the process may be put into motion by a one-third
vote
by the states or a congressional chamber, passage by
two-thirds
vote in Congress, and approval by a national referendum.
Rejected
initiatives of amendment or reform may not be reintroduced
during
the same congressional term. The president may not veto
amendments or reforms and is obliged to promulgate them
within
ten days following their passage.
In practice, the 1961 constitution retained many
features of
previous constitutions. Federalism, for example, has been
the
nominal basis of constitutional structuring since 1864.
Although
the 1961 document calls Venezuela a federal state, it also
labels
the country as "the Republic of Venezuela," where earlier
charters used the term "the United States of Venezuela."
More important, the constitution has served as the
basis for
expansive government programs that fulfill the mandate for
greater social justice and greater use of the central
government
in all spheres of public policy. Thus, in effect, the 1961
constitution expanded and redefined the central role to be
played
by government on behalf of the people of Venezuela; it
maintained
the tradition of powerful presidents and a strong central
state.
Data as of December 1990
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