Understanding Sovereignty and Public Power in Venezuela
Sovereignty and its Characteristics
Sovereignty, in a society of men and women gathered under the same laws, customs, and governments, becomes untransferable. It resides in the people, who exercise it directly in the manner provided in the Constitution and the law, and indirectly by suffrage through bodies exercising public power.
Public Power
Public power is the institution through which the state exercises control functions, including building and security within the nation, and maintains relationships with other states in the international community.
Executive Power
Article 235: Executive power is exercised by the President of the Republic, the Executive Vice President, Ministers, and other officials as determined by the Constitution and the law.
National Public Power
A. National Public Power: According to Article 225 of the Constitution, executive power is exercised by the President of the Republic, the Executive Vice President, Ministers, and other officials determined by the Constitution and the law.
The election of the President of the Republic should be done by universal, direct, and secret ballot in accordance with the law.
The National Legislature (National Assembly)
The National Legislature is the National Assembly. It is exercised by the unicameral National Assembly as a body. Chapter I of Title V of the 1999 Bolivarian Constitution radically changed the bicameral tradition that characterized national legislative bodies since 1811, providing a single legislative chamber.
The Judiciary
The power to administer justice emanates from the people and is exercised on behalf of the Republic by the authority of the law. Furthermore, under Article 26 of the Constitution, the state must ensure a free, accessible, impartial, suitable, transparent, autonomous, independent, accountable, equitable, and expeditious judicial process, without undue delay, formalities, or unnecessary repetitions.
Citizen Power
Another innovation of the 1999 Bolivarian Constitution is the formal declaration of Citizen Power as part of the national distribution of public power – effectively a fourth power.
Electoral Power
This is another innovation of the new Constitution. This power elevates the election monitoring body, which under the 1961 Constitution only had legal status, to constitutional status.
State and Municipal Public Power
B. State Public Power: Article 159 of the Constitution provides that states are equal and autonomous authorities in the political realm, with full legal personality. They are obligated to maintain the independence and sovereignty of the nation, uphold its integrity, and respect and enforce the Constitution and laws of the Republic.
C. Municipal Government: According to Article 168 of the Constitution, municipalities are the primary political unit of the national organization, enjoying legal personality and autonomy within the limits of the Constitution and the law.
Key Concepts
- Nation: The set of inhabitants in a territory governed by the same government; the entire unit of population connected by traditional cultural links, language, religion, customs, and ideals.
- State: The political structure of a nation; the legal and juridical personality of the nation.
- Territory: The tract of land owned by a nation, region, or province; the geographical scope of the state to exert its legal authority.
- Government: The system consisting of a set of political organs and functions that exists in the state to achieve its ends.
- Population: The set of people living in a region, city, country, etc.; the people who are within the territory of the state.
- Community: A group of people distinguished by their manners and culture, recognizing certain rules, customs, and laws.
- Society: An assembly of people for limited purposes, living under common laws and carrying out certain organizational arrangements.
- Family: A group of people united by ties of affection or kinship, whether by blood, marriage, or adoption.
- The Individual: A person considered to be isolated from society; man as an individual is a universe apart.
The Venezuelan Nation
The Bolivarian Constitution of December 1999 was the product of the National Constituent Assembly convened by the President of the Republic, Hugo Chávez. This was made possible by the Supreme Court, by a decision on January 19, 1999, rendered to the Board of Administrative Policy.