Venezuelan Constitution: Public Power, National Assembly, Executive & Judicial Branches

Posted on Nov 10, 2024 in Law & Jurisprudence

Distribution of Public Power

Article 136. Public Power is distributed among Municipal Power, State Power, and National Power. National Public Power is divided into Legislative, Executive, Judicial, Citizen, and Electoral branches. Each branch has its own functions, but the bodies must cooperate to achieve the State’s objectives.

Accountability and Responsibility

Article 137. The Constitution and the law define the powers of the organs exercising Public Power.

Article 138. Usurped authority is inefficient, and its acts are void.

Article 139. Exercising public power entails individual responsibility for abuse or misuse of power or violation of this Constitution or the law.

Article 140. The State is financially liable for damages suffered by individuals or their property rights if the injury is attributable to the public administration’s functioning.

Article 141. The Public Administration serves citizens based on honesty, participation, speed, effectiveness, efficiency, transparency, accountability, and responsibility, subject to the law.

Autonomous Institutions and Citizen Information

Article 142. Autonomous institutions can only be created by law and are subject to state control.

Article 143. Citizens have the right to timely and truthful information from the Public Administration regarding actions involving them and to know the final decisions taken.

The National Assembly

Article 186. The National Assembly comprises deputies elected in each state by universal, direct, personal, and secret ballot with proportional representation, using a population base of 1.1% of the total population.

Deputy Qualifications and Restrictions

Article 188. To be elected deputy:

  1. Be Venezuelan by birth or naturalization with at least fifteen years of residence.
  2. Be at least twenty years old.
  3. Have resided for four consecutive years in the relevant institution before the election.

Article 189. The following may not be elected as Deputies:

  1. High-ranking officials (President, Vice President, Ministers, etc.) up to three months after leaving their positions.
  2. Governors and similar authorities up to three months after leaving their positions.
  3. Municipal, state, or national officers in the jurisdiction where the election takes place, except for temporary care, welfare, educational, or academic roles.

Organic Laws

Article 203. Organic Laws organize public powers or develop constitutional rights. Draft organic laws require a two-thirds vote of the National Assembly members present before discussion.

Executive Power

Article 225. Executive power is exercised by the President, Vice President, Ministers, and other officials.

Article 226. The President is the Head of State and the National Executive.

Presidential Qualifications, Election, and Term

Article 227. To be elected President: be Venezuelan by birth (no other nationality), be over thirty years old, be secular, and not be subject to any conviction.

Article 228. The President is elected by universal, direct, and secret ballot, requiring a majority of valid votes.

Article 229. Those holding certain positions (Vice President, Minister, Governor, Mayor) cannot be elected President.

Article 230. The presidential term is six years, with one immediate re-election possible.

Article 231. The President takes office on January 10th.

Article 232. The President is responsible for their actions and fulfilling their duties.

Presidential Absences and Powers

Article 233. Absolute failures of the President include death, resignation, dismissal by the Supreme Court, permanent disability, abandonment of office, and revocation by popular vote.

Article 234. Temporary absences are filled by the Vice President for ninety days, extendable by the National Assembly.

Article 235. Absence from the country for over five days requires authorization from the National Assembly or the Executive Committee.

Article 236. Presidential powers and duties include:

  1. Comply with and enforce the Constitution and the law.
  2. Direct government action.
  3. Appoint and dismiss the Vice President and Ministers.
  4. Conduct foreign relations.
  5. Command the National Armed Forces.

Judicial Power

Article 253. Judicial power emanates from the citizens and is exercised by the authority of law.

Article 254. The judiciary is independent, and the Supreme Court has functional, financial, and administrative autonomy. The judiciary’s budget is a minimum of 2% of the national recurrent budget.

Judicial Selection and Indigenous Jurisdiction

Article 255. Entry and promotion in the judiciary are through public competitive exams. The Supreme Court appoints judges. The law ensures public participation in the selection process.

Article 260. Indigenous authorities may apply judicial bodies based on their traditions, provided they don’t contradict the Constitution or law.

Military and Supreme Court Jurisdiction

Article 261. Military criminal jurisdiction is part of the judiciary. Judges are selected through competition. Human rights violations and crimes against humanity are tried in ordinary courts.

Article 263. Requirements to be a Supreme Court Justice:

  1. Venezuelan nationality by birth (no other nationality).
  2. Recognized citizen of good repute.
  3. Jurist of recognized competence with specific legal experience or academic background.
  4. Other requirements established by law.