Book contents
- Frontmatter
- Contents
- AUTHOR'S NOTE
- INTRODUCTION DEFRAUDING DEMOCRACY THROUGH NONCONSENSUAL CONSTITUENT ASSEMBLIES
- PART ONE THE POLITICAL ASSAULT ON STATE POWERS AND THE FRAMEWORK FOR AUTHORITARIANISM
- PART TWO INSTITUTIONAL DEVELOPMENT TOWARD CONSOLIDATING AUTHORITARIANISM
- PART THREE CONSTITUTIONAL REFORMS DESIGNED TO CONSOLIDATE AUTHORITARIANISM
- Chapter 10 THE FAILED ATTEMPT TO CONSOLIDATE AN AUTHORITARIAN AND ANTIDEMOCRATIC POLITICAL SYSTEM IN THE CONSTITUTION
- Chapter 11 THE FAILED ATTEMPT TO CONSOLIDATE A CENTRALIZED STATE IN THE CONSTITUTION
- Chapter 12 THE FAILED ATTEMPT TO CONSOLIDATE A SOCIALIST CENTRALIZED ECONOMIC SYSTEM IN THE CONSTITUTION
- Chapter 13 THE IRREGULAR FRAUDULENT IMPLEMENTATION OF THE REJECTED CONSTITUTIONAL REFORM THROUGH LEGISLATION
- Chapter 14 THE ILLEGITIMATE MUTATION OF THE CONSTITUTION THROUGH JUDICIAL CONSTITUTIONAL INTERPRETATION
- Chapter 15 THE ALTERNATE PRINCIPLE OF GOVERNMENT AND THE 2009 CONSTITUTIONAL AMENDMENT ON CONTINUOUS REELECTION
- FINAL REFLECTIONS: THE RIGHT TO DEMOCRACY AND ITS VIOLATION BY VENEZUELA'S AUTHORITARIAN GOVERNMENT: SOME RELEVANT FACTS FROM THE PAST DECADE
- INDEX
Chapter 13 - THE IRREGULAR FRAUDULENT IMPLEMENTATION OF THE REJECTED CONSTITUTIONAL REFORM THROUGH LEGISLATION
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- AUTHOR'S NOTE
- INTRODUCTION DEFRAUDING DEMOCRACY THROUGH NONCONSENSUAL CONSTITUENT ASSEMBLIES
- PART ONE THE POLITICAL ASSAULT ON STATE POWERS AND THE FRAMEWORK FOR AUTHORITARIANISM
- PART TWO INSTITUTIONAL DEVELOPMENT TOWARD CONSOLIDATING AUTHORITARIANISM
- PART THREE CONSTITUTIONAL REFORMS DESIGNED TO CONSOLIDATE AUTHORITARIANISM
- Chapter 10 THE FAILED ATTEMPT TO CONSOLIDATE AN AUTHORITARIAN AND ANTIDEMOCRATIC POLITICAL SYSTEM IN THE CONSTITUTION
- Chapter 11 THE FAILED ATTEMPT TO CONSOLIDATE A CENTRALIZED STATE IN THE CONSTITUTION
- Chapter 12 THE FAILED ATTEMPT TO CONSOLIDATE A SOCIALIST CENTRALIZED ECONOMIC SYSTEM IN THE CONSTITUTION
- Chapter 13 THE IRREGULAR FRAUDULENT IMPLEMENTATION OF THE REJECTED CONSTITUTIONAL REFORM THROUGH LEGISLATION
- Chapter 14 THE ILLEGITIMATE MUTATION OF THE CONSTITUTION THROUGH JUDICIAL CONSTITUTIONAL INTERPRETATION
- Chapter 15 THE ALTERNATE PRINCIPLE OF GOVERNMENT AND THE 2009 CONSTITUTIONAL AMENDMENT ON CONTINUOUS REELECTION
- FINAL REFLECTIONS: THE RIGHT TO DEMOCRACY AND ITS VIOLATION BY VENEZUELA'S AUTHORITARIAN GOVERNMENT: SOME RELEVANT FACTS FROM THE PAST DECADE
- INDEX
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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- Dismantling Democracy in VenezuelaThe Chávez Authoritarian Experiment, pp. 329 - 334Publisher: Cambridge University PressPrint publication year: 2010