Scope and Use

This entry forms part of the constitutional corpus presented in the Appendix, comprising the twenty-five constitutions of Venezuela and organized for consultation rather than sequential reading.  Comparison proceeds by means of permanent rubric codes whose identities remain constant across the corpus; absent rubrics signify constitutional silence, while retired rubrics are not reassigned.  Citations are anchored first on the article number and follow the CIDEP recension linked at the close of the entry.  The full corpus definition, methodology, and citation convention are set forth in the Scope and Use note heading the 19th-Century Constitutions, which opens in the installment of “Unmasking Disappointment:  Series XI”.

21) The Constitution of 1945

The 1945 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was sanctioned by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] in Caracas on 23 April 1945 as a reform of the Constitution of 16 July 1936.  President Isaías Medina Angarita promulgated the reformed text on 5 May 1945, the date of its publication in the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela].  (CIDEP 1947, Art. 253; Fundación Empresas Polar, “Constituciones de Venezuela”; Biblioteca Virtual Miguel de Cervantes, bibliographical record for the Constitution of 1945).

DOC-PRE—Preamble

(modern Latinate English translation by the author from the CIDEP recension)

“The Congress of the United States of Venezuela, in the name of Almighty God and in exercise of the authority conferred upon it by Article 126 of the Federal Pact in force, decrees this Constitution.”

(CIDEP 1945, p. 4, preamble).

FND-TER—Territory

The Venezuelan Nation is the union of Venezuelans in a political pact named Estados Unidos de Venezuela [United States of Venezuela].  It is permanently and irrevocably independent of foreign domination or protection.  Its territory is that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with treaty modifications, and may not be alienated to a foreign power, even temporarily.  (Arts. 1–2; cont., 1936, Arts. 1–2).

The territory comprises States, the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies].  The twenty States are Anzoátegui, Apure, Aragua, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia.  Art. 4 prints “Barinas”.  Boundaries derive from the Law of 28 April 1856, federal territorial changes, the Constitution of 5 August 1909, and subsequent agreements; neighbouring States may alter their common frontier by legislative agreement.  (Arts. 3–5; cf. 1936, Art. 4:  “Zamora”).

A special law organizes the Distrito Federal [Federal District], protects federal political action, and preserves municipal economic and administrative autonomy.  The departments are printed as “Libertador y Vargas”; the former includes Caracas, El Recreo, El Valle, La Vega, Antímano, and “Macarao”, and the latter La Guaira, Maiquetia, Macuto, Caraballeda, Carayaca, Naiguatá, and Caruao.  (Art. 6; cf. 1936, Art. 6:  “the Departments Libertad and Vargas […] El Recreo, El Valle, La Vega, Antímano and Maracao”).

Caracas is the capital and federal seat, subject to Art. 104(23)(b), (24).  Amazonas and Delta Amacuro remain federal territories under special laws.  Changes in their boundaries, or those of the Federal District, with neighbouring States require executive agreements approved by Congress and the respective legislatures.  (Arts. 7–8; cont., 1936, Arts. 7–8; corresponding powers in Art. 100(23)(b), (24)).

Territorial statehood requires the population base for one deputy and demonstrated capacity to finance public services.  The Venezuelan Antillean islands, except Margarita and Coche in Nueva Esparta, are federal dependencies directly administered by the executive and may become territories.  The Corte Federal y de Casación [Federal and Cassation Court] decides boundary controversies.  (Arts. 9–11; cont., 1936, Arts. 9–11).

POW-LEG—Congress

The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] comprises a Senate and Chamber of Deputies.  Members serve four years, half being renewed every two years.  Where the number of deputies is odd, renewal must allow each deputy to complete his term.  (Art. 55; cf. 1936, Art. 54:  “When the number of Deputies is odd, the majority shall be renewed.”).

Deputies are elected directly under federal electoral legislation in each State and the Federal District, one per 35,000 inhabitants and another for an excess of at least 15,000, with at least one per State.  An equal number of alternates fills vacancies in election order.  Territories reaching the population base also elect deputies.  Indigenous people described as “indígenas no reducidos” are excluded from that base.  (Arts. 56, 58; cf. 1936, Art. 55:  “the Municipalidades [Municipalities] of each State, assembled in an Assembly, shall elect one Deputy for every thirty-five thousand inhabitants”).

A deputy must be Venezuelan by birth, have completed twenty-five years, and be native to the represented State or Federal District or have resided there for at least four years.  Children of Venezuelans born abroad are considered native to the place where their birth is registered under Venezuelan civil legislation.  (Art. 57; cf. 1936, Art. 56(3):  “at least the three years immediately preceding the election”).

The Chamber of Deputies may censure ministers, without obliging the President to remove them before the Court finds legal grounds for trial.  Each state legislature elects two principal senators and two alternates from outside its membership.  The Senate authorizes Pantheon honours twenty-five years after death, national officials’ acceptance of foreign gifts, offices, honours, or rewards, and promotions from colonel or naval captain; statute may assign further powers.  (Arts. 59–60, 62; cont., 1936, Arts. 58–59, 61).

A senator must be Venezuelan by birth, over thirty, and native to the represented State or resident there for at least four years.  The rule assigning a Venezuelan child born abroad to the place of registration also applies.  (Art. 61; cf. 1936, Art. 60(2):  “at least the three years immediately preceding the election”).

The Chambers meet annually in the capital on 19 April or the nearest possible day, for ninety days without extension.  Extraordinary sessions concern the subjects of the convocation and connected legislation.  Opening requires two-thirds; subsequent sittings require an absolute majority.  Sessions are public unless otherwise resolved.  Each Chamber regulates proceedings, order, membership, and resignations; both sit in one place and open and close together.  (Arts. 63–67; cont., 1936, Arts. 62–66).

Public employment is incompatible with membership during sessions.  Statute fixes remuneration, with increases deferred to the next term.  Immunity runs from thirty days before 19 April to thirty days after sessions and extends to extraordinary sessions; the Chambers may not waive it.  Members are not responsible for opinions expressed in the Chambers and may not contract with the executive or pursue another’s claims before it.  State legislatures replenish senatorial alternates; state constitutions and the Federal District organic law govern deputy vacancies.  (Arts. 68–73; cont., 1936, Arts. 67–72, for the summarized rules).

In the provision excluding the immunity period from procedural time limits, the recension prints “respective proceso”.  (Art. 70(2); cf. 1936, Art. 69(2):  “the respective proceeding”).

The Chambers meet jointly when constitutionally or legally required or upon an accepted invitation.  Co-legislative acts are laws; joint or exclusive acts are agreements.  The Senate president presides over Congress and the Chamber president serves as its vice-president.  Congress elects designated officials, considers presidential resignation and the annual message, approves or rejects ministerial accounts and additional credits, and admits qualifying territories as States.  (Arts. 74–77; cont., 1936, Arts. 73–76).

The Chambers legislate on national taxation, debt, offices, currency, treaties, contracts, weights and measures, budgets, the census, territorial administration, representation, solidarity institutions, pensions, war and peace, armed forces, aviation, amnesty, communications, resources, and other federal matters.  Investigative commissions may demand information and documents from national, state, municipal, and judicial authorities.  (Arts. 78(1–22), 79; cont., 1936, Arts. 77(1–22), 78, for the enumerated competences).

Congress may authorize the President temporarily to exercise determinate and precise extraordinary powers to protect national economic and financial life when public necessity or convenience requires.  (Art. 78(23); new; 1936, Art. 77, which contains no corresponding extraordinary-powers ordinal).

Three members of either Chamber may initiate a bill; the executive also has initiative.  Art. 80 prints “Ministerio a cuyo Despacho”.  An admitted bill receives three readings in each Chamber at intervals of at least one day.  Disagreements pass to joint Congress for majority decision; rejected projects wait until a subsequent year, while pending projects may continue in immediately following extraordinary sessions called for that purpose.  The legislative formula names Congress; only laws repeal laws, and partial amendments require publication of the complete amended law.  (Arts. 80–86; cf. 1936, Art. 79:  “the Minister to whose Department the subject of the bill belongs”).

The enacted text is made in two unaltered copies, signed by the congressional president, vice-president, and secretaries.  The president of the originating Chamber sends one to the President of the Republic, who must promulgate it within ten working days of receipt.  Promulgation consists of publication with the Ejecútese [Let it be executed] in the official gazette.  (Art. 87; cf. 1936, Art. 86:  “one of those copies shall be sent to the President of the Republic so that he may countersign it together with the respective Minister or Ministers and cause it to be published”).

Within the promulgation period the President may return objections.  Partial objections receive two readings in each Chamber; an objection to the whole receives one.  Agreement to rejection archives the bill; insistence or acceptance of amendments requires promulgation within five days.  Inter-chamber disagreement is resolved jointly by two-thirds of those present, failing which the bill is archived.  After sessions close, an unexecuted law and objections must be published within the ten-day period and presented within the first three days of the next ordinary meeting.  (Arts. 89–90; new; 1936, Arts. 86–88, which contain no corresponding presidential-objection procedure).

If the Chambers insist upon a measure objected to as unconstitutional, the President may refer it through the lawful organ to the Corte Federal y de Casación [Federal and Cassation Court].  The Court decides within ten days; a finding that it is not unconstitutional requires promulgation within five days after judgment.  (Art. 91; new; 1936, Arts. 86–88, which contain no corresponding referral before promulgation).

A discrepancy between original and printed law requires corrected republication.  A law takes effect on its stated date or upon gazette publication.  Legislative authority is not delegable.  (Arts. 88, 92–93; cont., 1936, Arts. 87–89).

Legislation is non-retroactive except when imposing a lesser penalty.  Procedural laws apply immediately to pending cases, but already received criminal evidence is assessed under the former law insofar as favourable to the accused.  This article ends without the reservation concerning Art. 32 printed in its antecedent.  (Art. 94; cf. 1936, Art. 90:  “The provisions of Article 32 of this Constitution are reserved.”).

ECO-HAC—Treasury

Federal fiscal competence embraces currency, customs, the specified national taxes, and the proceeds of saltworks, pearls, mines, and vacant lands.  Taxation requires law; expenditure requires a budget appropriation or a prior additional credit, with personal civil liability for unauthorized payment.  Congress authorizes loans and alienation of national private immovables, preserves the gold standard and statutory metallic backing, and appropriates pension funds in aggregate.  (Arts. 15(11), (13), (17–18), 48, 78(1–2), (4), (7), (9), (14); cont., 1936, Arts. 15(11), (13), (17–18), 47, 77(1–2), (4), (7), (9), (14)).

The Situado Constitucional [constitutional revenue allocation] equals twenty per cent of the preceding calendar year’s revenue and is distributed among States, the Federal District, and Territories according to population.  States also receive stamped-paper tax and permitted legislative levies, subject to national and municipal reservations and the listed restrictions on transit, consumption, personal-service, and livestock taxation.  (Art. 17(3); cont., 1936, Art. 17(4), for the revenue and distribution rules).

States and municipalities may not borrow abroad; Art. 24 now refers their contracts to “Artículo 50”.  Public-interest contracts may not pass to foreign governments or be made with or transferred to companies not legally domiciled in Venezuela.  A clause submitting unresolved controversies to Venezuelan courts and excluding foreign claims is incorporated even when unstated.  (Arts. 24, 50; cf. 1936, Art. 24:  “Article 4 of this Constitution”).

The executive negotiates congressionally decreed loans, administers revenue through the responsible minister, and may decree additional credits in Council when funds remain after ordinary expenditure is secured.  Their investment must be specified.  Art. 104(29) provides for the extraordinary economic and financial powers conferred by Congress.  The Minister of Finance presents the budget within thirty days of installation.  (Arts. 104(12), (19), (28–29), 113; cf. 1936, Art. 100(28):  “provided that the Tesoro Nacional [National Treasury] has funds with which to cover the Additional Credit, without prejudice to ordinary disbursements”).

POW-EXE—Executive

Sovereignty resides in the people and is exercised through public powers.  Art. 41 prints “peticiones así”; Art. 42 prints “facultadas” in the definition of the limits of public authority.  Usurped authority and decisions compelled by subversive force are null; officials incur individual responsibility for excess of power and offences.  Public power is distributed among federal, state, and municipal orders, with the federal order divided into legislative, executive, and judicial branches.  (Arts. 41–44, 51; cf. 1936, Arts. 40–41:  “and petitions thus […] the definition of powers and faculties”).

A second remunerated public appointment entails resignation from the first, subject to the specified alternate, academic, hospital, occasional judicial, teaching, and charitable exceptions.  Foreign gifts, offices, honours, and rewards require Senate consent.  Statute regulates the oath on entering national office.  (Arts. 46, 49, 53; cont., 1936, Arts. 45, 48, 52).

Residual federal administration belongs to the President acting with ministers.  The executive ordinarily functions in the Federal District and acts through statutory federal agents, with state assistance.  Presidential qualifications are Venezuelan birth, thirty completed years, lay status, and civil and political rights.  Art. 54 retains the commencement formula “a contar del 19 de abril de 1936” for the five-year constitutional period.  (Arts. 54, 95–98; cont., 1936, Arts. 53, 91–94, for these rules and the printed commencement date).

The President serves five years and may not be elected for the immediately following term; the same exclusion applies to one who served throughout the preceding term’s last year and relatives within the fourth degree of consanguinity or second of affinity.  Joint Congress elects within the first fifteen days of the term at a session announced at least five days beforehand in the gazette.  (Arts. 99–100; cont., 1936, Arts. 95–96).

The President swears before Congress or, if necessary, the Court.  The outgoing President remains as Encargado del Poder Ejecutivo Federal [Person in Charge of the Federal Executive Power] until the successor takes office.  Failure to swear within a month after Congress closes constitutes a permanent vacancy.  A designated minister fills temporary absence; Congress elects for the unexpired term on permanent vacancy, with ministerial interim succession.  Absence within national territory is not itself a temporary vacancy.  (Arts. 101–103, 107; cont., 1936, Arts. 97–99, 103).

The President promulgates and exercises the objection powers of Arts. 89–91.  When entrusting the presidency temporarily to a minister, he retains command and direction of war; the minister exercises the listed additional powers in agreement with him.  The printed wording is “de acuerdo con él las Atribuciones”.  (Art. 104(8–9); cf. 1936, Art. 100(9):  “shall exercise in accordance with the powers 1, 6, 7, 17, 18, 23, 25 and 26 of this same Article”).

Presidential powers include ministerial appointment and removal, armed command, foreign representation, federal-entity administration, enforcement and regulation of laws, the census, public-service organization in legislative recess, prosecution requests, appointments, extraordinary congressional convocation, war pursuant to congressional decree, treaty and contract negotiation, exclusion or expulsion of foreigners under the stated rules, emergency measures, official visits, intervention in interstate armed conflict, delegated state powers, pardons, navigation patents, nationality instruments, and land and mining titles.  (Art. 104(1–7), (10–11), (13–18), (20–27), (30–32); cont., 1936, Art. 100(1–7), (10–27), (31–33), for the summarized powers, subject to the separate provisions on legislation and finance).

The President reports annually within ten days of ordinary sessions, and on 19 April in the final year, subject to delayed installation.  Ministers are the prescribed legal organs, countersign decrees other than their own appointments, and bear personal and joint responsibility; presidential orders do not excuse them.  They must be Venezuelan by birth, over thirty, lay, and in possession of rights.  They render annual reasoned reports and accounts, may speak in the Chambers, and must attend when called.  (Arts. 105–106, 108–115; cont., 1936, Arts. 101–102, 104–111).

The presidential enumeration contains no counterparts to the antecedent’s separate ordinals on the Art. 32(2) confiscation measures and the Art. 32(6) measures concerning persons adhering to the named doctrines.  (Art. 104; cf. 1936, Art. 100(29–30):  “Decree in Consejo de Ministros [Council of Ministers] the measures necessary for attainment of the object referred to in the last paragraph of subsection 2 of Article 32, according to the authorization given by Congreso [Congress] […] exercise the power conferred upon him by the last paragraph of subsection 6 of Article 32 of this Constitution”).

POW-JUD—Judiciary

Federal competence comprises the administration of justice and the Ministerio Público [Public Ministry] throughout national territory.  Statute organizes courts so as to guarantee independence from other powers and establishes a judicial career.  Judicial authority resides in the Corte Federal y de Casación [Federal and Cassation Court] and statutory courts.  Judges are appointed for the constitutional term and removable only in legal cases; judicial officials remain responsible under law.  (Arts. 15(7), 122–125; cf. 1936, Arts. 15(7), 119:  “The law may attribute the functions of Tribunales Federales [Federal Tribunals] to the Tribunales de los Estados [Tribunals of the States] in the cases it indicates […] all federal Judges shall be appointed for the constitutional period”).

The Court comprises ten Venezuelan-born lawyers over thirty, serving five years with holdover until successors enter.  Statute determines chamber composition.  Congress elects members separately by absolute majority within fifteen days of meeting, together with ten numbered alternates; the Court fills temporary or case-specific absences.  New alternates take the last places, while statute governs an alternate’s refusal to serve.  (Arts. 126–127; cf. 1936, Arts. 121–122:  “seven Members […] seven Alternate Members”).

The Court hears charges against the enumerated high officials and diplomatic causes, cassation, prize cases, public-authority controversies, and jurisdictional disputes between courts unless another authority is assigned.  It grants recognition of foreign judgments, hears damages and monetary claims against the Nation, and determines federal boundaries and other statutory federal matters.  (Art. 128(1–8), (13–16); cf. 1936, Art. 123(8):  “jurisdictional conflicts arising between judicial employees or officials of different States”).

The Court annuls unconstitutional laws and public acts, resolves conflicts of laws, and hears the specified national contract and concession controversies.  A thirteen-month limit applies to administrative nullity for illegality or abuse where constitutional principles, guarantees, or rights are not violated; illegality remains available as a defence.  Art. 128(11) prints “Parágrafo 3, Número 4 del Artículo 17”; Art. 128(12) prints “por al Ejecutivo Federal”.  (Art. 128(9–12); cf. 1936, Art. 123(11–12):  “paragraph 4, number 4 of Article 17 […] by the Ejecutivo Federal [Federal Executive]”).

For charges against the officials covered by Art. 128(1–2), the Court decides whether proceedings lie.  An affirmative decision suspends the official; common offences pass to the ordinary court, while political offences remain before the Court through final judgment.  The Court presents an annual report to Congress and indicates proposed legislative reforms.  (Arts. 129–130; cont., 1936, Arts. 124–125).

The Ministerio Público [Public Ministry] acts as the executive’s organ before the judiciary.  It is entrusted to the Procurador General de la Nación [Procurator General of the Nation] and statutory agents and auxiliaries; Art. 117 prints “respectivo Ley Orgánica”.  The Procurator must be Venezuelan by birth, over thirty, lay, a lawyer, and in possession of civil and political rights.  Congress elects him for the constitutional term within thirty days, with five numbered alternates called by the executive.  (Arts. 116–118; cf. 1936, Arts. 112–115:  “before the Poder Judicial [Judicial Power] and before that of the States […] one or more lawyers of his free choice”).

The Ministerio Público [Public Ministry] supervises correct application of law in criminal proceedings and matters involving the national fisc, public order, or morals, and generally the administration of justice.  The Procurator furnishes legal opinions, prosecutes federal officials, represents national rights in litigation under executive instructions, and performs statutory duties.  Art. 120(3) calls his function before the Court “Ministerio Público”.  Liability follows the ministerial rule.  (Arts. 119–121; cf. 1936, Art. 116(4):  “exercise, before the Corte Federal y de Casación [Federal and Cassation Court], the Ministerio fiscal [fiscal ministry]”).

POW-SUB—Subnational Government

States recognize reciprocal autonomy and political equality, retain undelegated sovereignty, and must preserve national unity and independence.  Their government is republican, federal, democratic, elective, representative, responsible, and alternating; municipal districts possess economic and administrative autonomy.  States execute federal law, enact constitutions, choose their powers, and may delegate specified powers to the President.  State laws may prescribe qualifications and terms for legislative and municipal members, but their elections and those of national legislators follow federal electoral law.  (Arts. 12–14, 16–17; cf. 1936, Art. 17(1):  “Deputies to the Congreso Nacional [National Congress] shall be elected as prescribed in Article 55 of this Constitution.”).

The state-competence article comprises constitutional organization, election of public powers, revenue, and residual autonomy.  It contains no separate grant of state judicial administration.  (Art. 17; cf. 1936, Art. 17(3):  “Administer Justice in accordance with the law through their Tribunals, within their respective territories”).

Municipalities organize local police, supplies, cemeteries, ornamentation, civil architecture, lighting, aqueducts, urban tramways, and other local services.  Literacy and sanitation functions are subject to federal legislation and inspection.  They administer ejidos [municipal common lands] and their own lands, alienable only for construction, and organize revenue.  Art. 18(3) prints “Parágrafo 30, Número 3 del Artículo 17”.  Agricultural, livestock, and edible-fish products are subject only to the specified retail-commerce charges.  (Art. 18; cf. 1936, Art. 18(3):  “paragraph 4, number 3 of Article 17”).

States and municipalities give full faith to federal public and judicial acts and to other state and municipal public acts.  National officials and forces may operate within States, with jurisdiction confined to their duties and no distinct privilege.  Art. 20 prints “respective Estado”.  (Arts. 19–20; cf. 1936, Art. 20:  “the respective State”).

The federal government may establish facilities needed for administration in state territory.  States prohibit hostile foreign levies and internal disturbances, may not wage war against one another, and must support federal restoration of peace.  Foreign borrowing is barred to States and municipalities.  Two or more States may unite while retaining the right to recover autonomy, with notice to the federal executive, Congress, and other States.  (Arts. 21–25; cont., 1936, Arts. 21–25, for these rules; Art. 24’s changed contract reference is recorded under ECO-HAC).

CON-AMD—Amending the Constitution

Total or partial reform proceeds in ordinary congressional sessions upon the request of three-quarters of state legislatures meeting ordinarily, on points receiving the prescribed concurrence.  Amendments follow the legislative procedure and are sent to state legislatures for ratification.  Either congressional Chamber may initiate reform, requiring ratification by two-thirds of state legislatures in ordinary sessions.  Congress counts the final votes; the amended Constitution takes effect upon gazette publication.  (Arts. 131–136; cont., 1936, Arts. 126–131, for the procedure and thresholds).

The commencement formula reads “entrará en vigencia al mismo día de su publicación”.  (Art. 136; cf. 1936, Art. 131:  “shall enter into force on the same day as its publication”).

CIV-SUF—Suffrage

Venezuelan men over twenty-one who can read and write, and are not interdicted or criminally disqualified from political rights, may elect and be elected within constitutional and statutory qualifications.  Venezuelan women meeting the same conditions receive active and passive suffrage for the formation of municipal councils.  (Art. 32(14); cf. 1936, Art. 32(14):  “Venezuelan males, over twenty-one years of age, who can read and write”).

Venezuelans without distinction of sex are eligible for appointive public office, provided they are not interdicted or politically disqualified by criminal sentence and satisfy statutory conditions.  (Art. 33; new; 1936, Art. 32(14), which contains no corresponding general rule for appointive office without distinction of sex).

Federal law governs the specified state, municipal, and congressional elections.  Deputies are directly elected; state legislatures elect senators.  The age, birth, residence, and population conditions are set out under POW-LEG.  (Arts. 17(1), 56–58, 60–61; cf. 1936, Art. 55:  “the Municipalidades [Municipalities] of each State, assembled in an Assembly, shall elect”).

CIV-CIT—Citizenship

Venezuelan nationality is held by birth or acquired through naturalization.  All persons born in the Republic and children of Venezuelan parents wherever born are Venezuelans by birth.  (Arts. 27–28; cont., 1936, Arts. 27–28).

Naturalization comprises qualifying adult children born abroad to naturalized parents, natives of Spain or the Ibero-American republics who establish residence and express the requisite will, holders of naturalization certificates, and foreign wives of Venezuelans during marriage and upon accepted declaration within the year following dissolution.  Declarations go through registration or diplomatic and consular channels; nationality is not acquired until the prescribed gazette publication.  (Arts. 29–30; cont., 1936, Arts. 29–30).

RTS-GAR—Rights

Venezuelans must defend the country and obey constitutional law and lawful public acts; service against Venezuela constitutes treason.  Statute determines foreigners’ duties and rights, which may not exceed Venezuelans’.  Foreign participation in political activities entails the stated liabilities and possible detention, confinement, or expulsion.  Public indemnity is limited to acts of legitimate authorities acting officially.  (Arts. 31, 38–40; cont., 1936, Arts. 31, 37–39).

Life is inviolable and the death penalty prohibited.  Correspondence and private papers receive judicial safeguards, with business inspection under law.  The home is protected subject to criminal, judicial, and sanitary exceptions.  Forced military recruitment is abolished, slavery is prohibited, enslaved persons entering the country become free, and lawful liberty is guaranteed.  (Art. 32(1), (3–5); cont., 1936, Art. 32(1), (3–5)).

Property is inviolable but subject to statutory taxes, restrictions, and obligations for public or social interest, including limitations on acquisition, transfer, use, and enjoyment.  Expropriation of property or a right requires public or social utility, prior indemnity, and adversarial proceedings.  Confiscation is confined to foreigners in international conflict with their country; the article contains no corresponding confiscation of officials’ estates.  (Art. 32(2); cf. 1936, Art. 32(2):  “as a measure of general interest to restore to the Tesoro Nacional [National Treasury] the sums extracted by public officials”).

Freedom of expression remains subject to penalties for insult, calumny, defamation, outrage, or incitement to crime.  Anonymity, war propaganda, and propaganda directed to subverting political or social order are prohibited.  The paragraph contains no express prohibition of the communist or anarchist doctrines named in the antecedent.  (Art. 32(6); cf. 1936, Art. 32(6):  “Communist and anarchist doctrines are considered contrary to the independence, political form and social peace of the Nation.”).

Freedom of movement and transfer of goods is subject to legal formalities and public-order or national-interest limits.  Work and industry are free; monopolies are barred subject to the specified temporary intellectual-property and infrastructure privileges.  Labour protection includes weekly rest, annual paid leave, technical instruction, profit participation, savings, rural measures, and European immigration.  The federal power may reserve industries for public services or national defence and credit; Art. 32(9) also permits extraordinary measures regulating production, circulation, and consumption.  Professions requiring a title remain subject to law.  (Art. 32(7–10); cf. 1936, Art. 32(9):  “reserve to itself the exercise of specified industries in order to ensure public services and the defence and credit of the Nation”).

The Constitution guarantees unarmed assembly, lawful association, petition with timely answer, and accusation of officials.  Freedom of teaching is accompanied by compulsory moral and civic education and a school in each locality with at least thirty school-age pupils.  Equality includes common laws and duties, no hereditary honours or offices outlasting service, and the official forms citizen and you, except diplomatic usage.  (Art. 32(11–13), (15), (18); cont., 1936, Art. 32(11–13), (15), (18)).

Security guarantees cover civil debt, natural judges and pre-existing law, reasoned arrest following preliminary information except flagrancy, a thirty-day investigative limit, no incommunicado detention or compelled self-incrimination, release when grounds fail or bail is lawful, notice and hearing, a twenty-year maximum, no infamous or perpetual penalties, no second prosecution for the same acts, and release of political detainees upon restoration of order except those serving imposed sentences.  The natural-judge clause contains no reservation of guarantee 2.  (Art. 32(17); cf. 1936, Art. 32(17)(b):  “except as established in guarantee 2 of this Article”).

Unenumerated rights remain reserved to Venezuelans; the enumeration now refers to the two preceding articles.  Legislation and regulations impairing guaranteed rights are null, as declared by the Court.  Officials issuing or executing violations are punishable, subject to the emergency exception in the following article.  (Arts. 34–36; cf. 1936, Art. 33:  “any other rights which may belong to citizens and are not included therein”).

The President in Council may restrict or suspend guarantees for war, its danger, epidemic, calamity, or the stated requirements of national defence, peace, security, institutions, or government.  Life, the prohibition of slavery, and freedom from infamous penalties are excepted.  The decree specifies grounds, guarantees, and territory, and ends with its causes.  Public powers retain their functions and prerogatives.  Arrest, confinement, or expulsion of persons opposing peace is permitted, with cessation of measures except foreign expulsion the executive elects to maintain.  (Art. 37; cont., 1936, Art. 36).

REG-MIL—The Military

Army, navy, and military aviation are federal matters.  State and municipal forces are confined to police and prison guards unless federally ordered.  Population supplies the military contingent under compulsory-service law; armaments belong to the Nation.  Civil and military authority cannot coincide except in the President, commander-in-chief.  Armed force is obedient and non-deliberative, requisitions pass through civil authorities, and troops remain quartered on election days except for public-order commissions.  (Arts. 15(8), 32(5)(a), 45, 47; cont., 1936, Arts. 15(8), 32(5)(a), 44, 46, for these rules).

The sentence concerning citizen militias and volunteers prints “También podrían formar parte del Ejército Nacional”.  (Art. 15(8); cf. 1936, Art. 15(8):  “Citizen militias and those enlisted as volunteers may also form part of the Ejército Nacional [National Army]”).

The Senate consents to specified promotions; Congress decrees war, addresses peace, and legislates for forces, civil aviation, ports, and coasts.  The President commands, directs war, declares congressionally decreed war, and may exercise the enumerated wartime powers, including letters of marque and reprisals, while interposing in armed conflicts between States.  (Arts. 62(3), 78(15–18), (20), 104(2–3), (18), (23), (25); cont., 1936, Arts. 61(3), 77(15–18), (20), 100(2–3), (18), (23), (25)).

REG-REL—Religion

Religious freedom is subject to executive inspection of worship and the Republic’s Patronato Eclesiástico [Ecclesiastical Patronage], exercised according to the Law of 28 July 1824.  The President, ministers, and Procurator must be of lay status.  (Arts. 32(16), 52, 98, 110, 117; cont., 1936, Arts. 32(16), 51, 94, 106, 113).

ECO-INF—Infrastructure

Federal matters include national civil, commercial, criminal, and procedural legislation, guarantees, elections, banking, registration, naturalization, expropriation, intellectual property, immigration and colonization, agrarian law, human, animal, and plant sanitation, agriculture, resources, labour, and social provision.  The list also covers weights, enforcement, education, statistics, transport, ports, communications, national roads and railways, resources, and national public works.  Art. 15(4) expressly includes social expropriation, agrarian legislation, and plant sanitation.  (Art. 15(4–6), (9–10), (12), (14–16), (18–20); cf. 1936, Art. 15(4):  “expropriation for public utility […] human and veterinary sanitation”).

Elementary primary instruction is compulsory and official instruction free.  The approved census governs population-based acts.  Navigation without special works may not be burdened by taxes or privileges.  Urban tramways and traction cables remain municipal.  Saltworks are inalienable, mining grants temporary, and vacant-land concessions favour occupants; island vacant lands may not be alienated.  National works do not exclude state or municipal works.  Specified privately financed infrastructure may receive temporary privileges without guaranteed proceeds or public subsidy.  (Arts. 15(9–10), (12), (16), (18–19), 18(1), 21, 32(8); cont., 1936, Arts. 15(9–10), (12), (16), (18–19), 18(1), 21, 32(8)).

CON-FIN—Final Provisions

Official acts and documents cite calendar time and the years of Independence from 19 April 1810 and Federation from 20 February 1859.  (Art. 26; cont., 1936, Art. 26).

Existing state, Federal District, and territorial courts continue under their organic laws until the national judicial organization law and installation of new officials.  Congress appoints the three new Court members and alternates upon the corresponding organic-law reform.  Current legislators and alternates complete the terms for which they were elected.  (Arts. 137–139; cf. 1936, Transitory Arts. 132–133:  “Public functions whose duration exceeds five years […] are reduced to the stated term of five years […] the Procurador General de la Nación [Procurator General of the Nation] […] shall be appointed by Congreso [Congress] for the first time upon promulgation of this Constitution”).

The final article repeals the Constitution enacted on 7 July 1931 and executed and published on 9 July 1931.  The closing prints 16 July 1936, year 127 of Independence and 78 of Federation.  The execution order prints 20 July 1936 and E. López Contreras, followed by ministerial countersignatures.  (Art. 140; closing and execution formulas, pp. 26–27; cont., 1936, Art. 134; closing and execution formulas, pp. 26–27, for the repeal and printed dates).

Recension

Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).

Constitution of 1945:  https://cidep.online/files/constituciones/1945.pdf

22) The Constitution of 1947

The 1947 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was sanctioned by the Asamblea Nacional Constituyente [National Constituent Assembly] at the Palacio Legislativo Federal [Federal Legislative Palace], Caracas, on 5 July 1947.  The constitutional closing bears the signature of Andrés Eloy Blanco as President of the Assembly.  The execution order at the Palacio Federal [Federal Palace], Caracas, bears the same date and the signatures of Rómulo Betancourt and the other members of the Junta Revolucionaria de Gobierno [Revolutionary Government Junta], the body then exercising executive power.  (CIDEP 1947, pp. 39–40, closing and execution formulas).

DOC-PRE—Preamble

(modern Latinate English translation by the author from the CIDEP recension)

“The Venezuelan Nation is the association of all Venezuelans in a pact of political organization under the name United States of Venezuela.  It is forever irrevocably free and independent of all foreign domination or protection.

“The Venezuelan Nation proclaims as the primordial reason for its existence the spiritual, political and economic liberty of man, founded upon human dignity, social justice and the equitable participation of the whole people in the enjoyment of the national wealth.

“From that fundamental reason the Nation derives its functions of defence, law and culture, for the attainment of its essential purposes, contained principally in the harmony, well-being and social and individual security of Venezuelans and of all who dwell within its territory and under its law; the affirmation of its own nationality, in sustained concord with fraternal cooperation in the concert of nations for purposes of peace and progress and with mutual respect for sovereignty; the upholding of Democracy as the sole and irrenounceable system for governing its internal conduct, and peaceful collaboration in the design of fostering that same system in the government and relations of all the peoples of the earth.

“The Venezuelan Nation repudiates war, conquest and the abuse of economic power as instruments of international policy; reaffirms its will to resolve all its conflicts and controversies with other States by the peaceful means established in the pacts and treaties to which it is a party; supports the principle of the self-determination of peoples; and recognizes International Law as the appropriate rule for guaranteeing the rights of man and of nations in the terms and purposes of the present Declaration.

“The Venezuelan Nation roots the fulfilment of its destiny and the realization of its purposes in the integrity of its territory, in the potential of its economy, in its respect for liberty, in the consecration of work as the supreme virtue and supreme title to human betterment, and in the patrimony of moral and historical authority won by Venezuelans, led by Simón Bolívar, in the emancipatory enterprise of the American Continent.”

(CIDEP 1947, p. 4, Preliminary Declaration).

FND-TER—Territory

National territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before 1810, with treaty modifications, and may not be alienated to a foreign power even temporarily.  Foreign nations may acquire premises for their diplomatic representation in the capital under statute and reciprocity, with national sovereignty over the soil reserved.  (Art. 1; cf. 1945, Art. 2:  “This territory may never, in whole or in part, be ceded, transferred, leased, or in any manner alienated to a foreign power, even for a limited time.”).

National territory comprises States, the Federal District, Territories, and Dependencies.  States are divided into municipal districts and these into municipalities.  The twenty States retain the names listed in 1945.  A special law is to specify existing boundaries according to the Law of 28 April 1856 and subsequent changes.  Contiguous States may merge while retaining the right to recover autonomy, or alter their frontier by legislative agreement.  (Arts. 2–4; cf. 1945, Arts. 5, 25:  “The general boundaries of each of the States are those currently determined […] States may unite, two or more, to form a single State”).

A special law organizes the Federal District while preserving municipal economic and administrative autonomy.  Caracas is the capital and national seat.  Art. 6 prints its relocation and official-visit reference as “Artículo 189”; Art. 188 refers to Art. 198(18)(b), (31), where the relocation and official-visit powers are enumerated.  Amazonas and Delta Amacuro remain federal territories; boundary agreements require congressional and state legislative approval.  (Arts. 5–7, 188, 198(18)(b), (31); cf. 1945, Art. 7:  “paragraph b), power 23 of Article 104 and power 24 of the same Article”).

A territory may request statehood at fifty thousand inhabitants; Congress may elevate all or part of it under law.  Maritime islands other than Margarita, Coche, and Cubagua, which constitute Nueva Esparta, are federal dependencies under national executive administration, with statutory conditions for territorial status.  The Corte Suprema de Justicia [Supreme Court of Justice] decides boundary disputes.  (Arts. 8–10; cf. 1945, Arts. 9–10:  “To have at least the population base required for the election of one Deputy […] except the islands of Margarita and Coche”).

POW-LEG—Congress

National constitutional terms last five years.  Congress comprises the Cámara de Diputados [Chamber of Deputies] and Cámara de Senadores [Chamber of Senators].  (Arts. 140–141; cf. 1945, Art. 55:  “They shall hold office for four years and shall be renewed by halves every two years.”).

Congressional ineligibility covers the listed senior executive, judicial, fiscal, territorial, and autonomous-institute officials, generally through three months after leaving office; relatives of the President within the second degree of blood or affinity; other remunerated officials within the stated nomination and thirty-day electoral periods, subject to exceptions; and specified public contractors or business agents.  (Art. 142; new; 1945, Arts. 57, 61, which contain no corresponding catalogue of office-based electoral disqualifications).

Deputies and senators may become ministers or heads of diplomatic missions and return to their Chambers upon leaving those offices.  They may not contract with the Nation, States, or municipalities, in their own or another’s name, or pursue third-party claims before them.  (Arts. 143–144; cf. 1945, Arts. 68, 72:  “The exercise of any public office is incompatible with the office of Senator or Deputy during sessions […] may not conclude any contract with the Ejecutivo Federal [Federal Executive]”).

The opinion provision prints “Los Diputados y Senadores no serán en ningún tiempo, por las opiniones que emitan en el ejercicio de sus funciones.”  (Art. 145; cf. 1945, Art. 71:  “The members of the Cámaras [Chambers] are not responsible for the opinions they express therein.”).

Immunity lasts throughout the mandate.  Flagrancy and other alleged offences must be reported immediately to the Chamber, which decides prosecution and suspension by two-thirds and directs the procedure within five days.  A final judgment removing the grounds permits return.  Chambers may stay proceedings and order release for the protected period but must permit continuation when the member expressly requests it.  In recess the Permanent Commission acts by two-thirds of its entire membership, subject to subsequent Chamber ratification.  (Arts. 146–148; cf. 1945, Art. 70:  “from thirty days before 19 April until thirty days after the conclusion of sessions […] the Cámaras [Chambers] may not, in any case, surrender their members so that their immunity may be violated”).

Law fixes monthly remuneration throughout the term; increases take effect only after renewal of the Chambers.  Law also determines how permanent vacancies are filled once alternate lists are exhausted.  (Arts. 149–150; cf. 1945, Arts. 69, 73:  “emoluments which may not be increased except for the immediately following period […] the corresponding Asamblea Legislativa [Legislative Assembly] shall fill the vacancy”).

Deputies are elected by universal, direct, secret vote, one per forty thousand inhabitants and one for an excess of at least twenty thousand, with a minimum of two per constituency.  The Territories elect two in total.  Law provides alternates and may add minority-representation seats.  Electors meeting Art. 82 may be deputies; naturalized Venezuelans must also be domiciled in the country and have held naturalization for at least eight years.  (Arts. 151–152; cf. 1945, Arts. 56–57:  “one Deputy for every thirty-five thousand inhabitants and one more for any excess not below fifteen thousand […] Venezuelan by birth”).

The Chamber of Deputies initiates consideration of the budget and other national tax bills.  A ministerial censure motion is considered at least forty-eight hours after deposit and takes effect upon two-thirds of deputies present; the Chamber also decides whether removal follows.  The President executes removal and orders prosecution where responsibility has arisen.  (Art. 153; cf. 1945, Art. 59(1):  “the President of the Republic shall not be obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that there is legal cause to submit them to trial”).

Each State and the Federal District elect two principal senators and two alternates by universal, direct, secret vote.  Additional senators representing minorities are allocated through a national quotient, with no more than two for a party or group under that system.  Senators must be Venezuelan by birth, over thirty, qualified under Art. 82, and outside Art. 142’s disqualifications.  (Arts. 154–155; cf. 1945, Arts. 60–61:  “the Asamblea Legislativa [Legislative Assembly] of each State shall elect, from outside its own membership, two Principal Senators and two Alternates […] native to the State he represents or resident therein for at least four years”).

The Senate grants Pantheon honours to illustrious Venezuelans or foreigners of eminent service twenty-five years after death; approves military and aviation promotions from colonel and naval promotions from naval captain; and authorizes national, state, or municipal employees to accept foreign offices, honours, or rewards.  (Art. 156; cf. 1945, Art. 62(1–2):  “to illustrious Venezuelans […] to national employees”).

The Chambers meet on 19 April or the nearest possible day, for ninety days, extendible for up to ninety more by two-thirds of Congress at either Chamber’s or the executive’s initiative.  The Permanent Commission calls extraordinary sessions on its own initiative or at the request of the executive or a quarter of Congress.  Their agenda includes the specified connected and emergency matters.  Opening requires two-thirds and later sittings an absolute majority; both Chambers sit and open or close together.  (Arts. 157–160; cf. 1945, Art. 63:  “They shall sit for ninety days, which may not be extended.”).

Each Chamber regulates its debates, police, membership, resignations, and exclusive decisions, removes impediments, investigates with compulsory official information, and may summon and interpellate ministers.  (Art. 161; cf. 1945, Art. 114:  “The Ministers have the right to speak in the Cámaras [Chambers] and shall be obliged to attend them when called to give information.”).

The Chambers approve qualifying treaties, emergency and common-defence measures, peace arrangements, taxes, budgets, debt, population bases, designated contracts and alienation of national immovables, temporary precise economic and financial powers, the census, amnesty, national organization, autonomous institutes, pensions, solidarity institutions, and other national legislation.  Ordinary administration, mining, and vacant-land contracts receive the stated exceptions.  (Art. 162; cf. 1945, Art. 78(15):  “Decree war and require the Executive to negotiate peace”).

The Chambers meet jointly when required or upon accepted invitation.  Their presiding officers must be Venezuelan by birth and become President and Vice-President of Congress.  Joint Congress elects designated officials, proclaims the popularly elected President and receives the legal promise, considers resignation, messages, reports, accounts, additional credits, statehood, amendment votes, presidential foreign travel, and its rules.  (Arts. 163–165; cf. 1945, Arts. 76–77, 100:  “Congreso [Congress] shall be presided over by the President of the Senado [Senate] […] the Cámaras [Chambers] assembled in Congreso [Congress] shall elect the President of the Estados Unidos de Venezuela [United States of Venezuela]”).

Three members may initiate a bill in either Chamber; executive and Permanent Commission initiative and the budget exception are reserved.  Admitted projects go to the appropriate standing committee unless immediate first reading is ordered.  Three readings in each Chamber are separated by at least two days.  Disagreements pass to joint Congress for majority decision.  (Arts. 166–168; cf. 1945, Arts. 80–83:  “three readings at intervals of at least one day”).

Rejected bills wait until later years.  Pending bills may continue in immediate extraordinary sessions if two-thirds of Congress declares urgency, or in the following ordinary session by the specified Chamber majority.  Ministers speak without voting; Court magistrates may speak on procedural and judicial-organization bills.  Enacted texts are duplicated without alteration and signed by the congressional officers; the President of Congress transmits the copy for promulgation.  (Arts. 169–172; cf. 1945, Arts. 84, 87:  “if the Ejecutivo Federal [Federal Executive] convokes them for that purpose […] by the President of the Cámara [Chamber] in which discussion of the law began”).

Within ten days the President promulgates or recommends reconsideration for technical or national-convenience reasons.  A request to lift sanction receives one congressional discussion; proposed textual changes receive two in each Chamber.  The President must promulgate the returned act within five days.  Upon omission, the President of Congress orders promulgation, without prejudice to responsibility.  If the ten days end after the session, the President may request its extension.  (Arts. 173–174; cf. 1945, Arts. 89–91:  “In the event of total or partial disagreement between the two Cámaras [Chambers], Congreso [Congress] shall resolve by a majority of two-thirds of the members present […] may refer that act to the Corte Federal y de Casación [Federal and Cassation Court]”).

The law formula names the Congress of the United States of Venezuela.  Promulgation is gazette publication with the Ejecútese [Let it be executed]; discrepancies require republication.  Laws take effect on their stated date or publication, and are repealed by laws.  Legislative authority remains non-delegable.  Non-retroactivity, the lesser-penalty exception, and the favourable-evidence rule in pending criminal proceedings continue.  (Arts. 170, 175–177, 180–181; cont., 1945, Arts. 85–86, 88, 92–94, for these rules).

A partial reform may not be expanded after first reading unless replaced with a broader new project.  Upon enactment, the law is reprinted as one text, renumbered when necessary, dated and signed anew, identifying amended articles and repealing the former law in full.  (Arts. 178–179; cf. 1945, Art. 86:  “in the case of partial reform it must be printed in full with the modifications it has undergone”).

During recess the Comisión Permanente del Congreso Nacional [Permanent Commission of the National Congress] comprises the congressional President and Vice-President and twenty-one other members, with alternates and proportional minority representation.  It is elected during the final fifteen days, installs within twenty days with two-thirds, and continues until the next ordinary sessions.  It supervises constitutional observance, reports irregularities, reviews and initiates bills, handles immunity, convokes extraordinary sessions, cooperates on the budget, authorizes services, credits, and presidential travel, gives opinions, and reports annually.  Art. 185 first specifies installation with two-thirds of its “miembros”, then prints “mayoría absoluta de ellas” for subsequent sittings; the feminine plural “ellas” is the printed reading, while “miembros” is masculine plural.  (Arts. 182–186; new; 1945, Arts. 63–79, which contain no corresponding permanent congressional commission).

ECO-HAC—Treasury

National fiscal competence includes currency, banking, customs, specified taxes, and resource administration.  The Hacienda Nacional [National Treasury] comprises national assets, revenue, and debts under executive direction.  Taxation is organized upon justice, equality, progression, and proportion to economic capacity, with the stated living-standard, purchasing-power, and production purposes; exemptions require law.  (Arts. 138(7–12), 162(4–6), 231–232; cf. 1945, Arts. 15(11), (13), (17–18), 32(18)(a):  “all shall be subject to the same duties, services and contributions, exemptions from which may not be granted except where the law permits”).

Taxation requires statutory authority, and expenditure requires appropriation or a prior additional credit; persons effecting or ordering unauthorized payments are civilly responsible.  Personal-service taxes, specified pre-consumption agricultural and livestock charges, and taxes on navigable waters without special works are barred.  Tax commencement, increases, or reductions require expiry of a stated period, subject to extraordinary executive powers.  Congress may not order expenditure outside the budget by separate laws or agreements.  (Arts. 233–237; cf. 1945, Arts. 48, 78(9):  “those who infringe this provision shall be civilly responsible to the Tesoro Nacional [National Treasury] for the sums whose payment they have effected”).

The Situado Constitucional [constitutional revenue allocation] is at least twenty-five per cent of the preceding calendar year’s revenue.  Thirty per cent is distributed equally among States, the Federal District, and Territories, and seventy per cent by population.  Each State assigns at least twenty per cent of its share to the entities printed as “Distritos Municipalidades”, under the same formula.  Law coordinates budgets and national direction and control of investment, reserving Art. 247.  (Art. 238; cf. 1945, Art. 17(3):  “equivalent to twenty per cent of total revenue […] proportionately to their population”).

Special laws may create autonomous scientific, charitable, financial, or industrial institutes with separate legal personality and patrimony; in recess, organic decrees require Permanent Commission authorization.  Institutes submit annual budgets and reports.  National borrowing requires express congressional authorization for urgent needs or public works.  (Arts. 239–240; cf. 1945, Arts. 78(2), 104(12):  “Decree loans upon the Crédito Nacional [National Credit] […] negotiate […] the loans which Congreso [Congress] decrees”).

The autonomous Contraloría General de la Nación [Office of the Comptroller General of the Nation] audits national receipts, expenditure, property, accounts, and autonomous institutes, without excluding executive fiscal inspection.  It investigates and reports irregularities; officials must supply information.  Congress elects the Contralor [Comptroller] and Subcontralor [Deputy Comptroller] within thirty days in the first year, with three alternates for the latter.  Presidential qualifications, the constitutional term, and civil and criminal responsibility apply.  The institution assists Congress and reports annually; special law may extend its audit to States and municipalities.  (Arts. 241–247; new; 1945, Arts. 48, 77(4), 113, which contain no corresponding constitutional organization of the Contraloría).

Public-interest contracts may not be made with foreign governments or transferred to them, or made with or transferred to non-domiciled companies.  Contracts with autonomous foreign official or semi-official legal persons require legislative authorization, or urgent Permanent Commission authorization in recess.  The Venezuelan-court and no-foreign-claims clause is incorporated where appropriate to the contract’s nature.  (Arts. 107–108; cf. 1945, Art. 50:  “in all of them the following clause shall be considered incorporated, even if it is not expressed”).

Congress controls specified contracts, disposal of national private immovables, and temporary precise economic powers.  Additional credits require prior congressional or Permanent Commission authorization and available funds after ordinary needs.  Finance presents the budget to the Deputies within five days of installation, with the stated detail and security exception, in consultation with ministers and with Permanent Commission cooperation.  (Arts. 162(8–9), 184(7–8), 198(6), (12–14), (23–24), (30), 208; cf. 1945, Arts. 104(28), 113:  “Decree, in Consejo de Ministros [Council of Ministers], Additional Credits […] within the first thirty days of the installation of the Cámaras Legislativas [Legislative Chambers]”).

POW-EXE—Executive

The people exercise sovereignty by suffrage and public powers.  Authority is confined to constitutional and legal competence, usurped acts are null, and excess entails personal responsibility.  Municipal, state, and national powers follow republican, federal, popular, representative, alternating, and responsible government.  National legislative, executive, and judicial organs have distinct functions and collaborate with each other and other public powers.  (Arts. 79, 84, 86–88, 137; cf. 1945, Arts. 13, 41, 51:  “republican, federal, democratic, elective, representative, responsible and alternating […] exercises it through the Poderes Públicos [Public Powers]”).

Officials swear before office and provide sworn declarations of assets where law requires.  A public-service statute governs entry, promotion, transfer, suspension, and retirement; employees serve the Nation and no political faction.  A second paid public post entails resignation from the first, with the enumerated exceptions.  Foreign offices, honours, or rewards require Senate authorization.  (Arts. 89–92; cf. 1945, Arts. 46, 49, 53:  “except in respect of alternates […] and posts in Academies, Hospitals, occasional Courts, teaching or charitable Institutes”).

Residual national government and administration belong to the President acting with ministers through lawful organs and subordinate employees.  The President represents the Nation and heads the national executive.  Eligibility requires Venezuelan birth, the electoral qualifications of Art. 82, lay status, and age over thirty.  (Arts. 187–191; cf. 1945, Arts. 95, 98:  “to have completed thirty years”).

The five-year President is elected by universal, direct, secret vote at least three months before the 19 April commencement, on a date fixed by Congress in the preceding year.  A relative majority elects.  Immediate re-election is barred, as is election of a person who occupied the presidency throughout the preceding term’s final year and the specified fourth-degree blood or second-degree affinity relatives.  (Arts. 140, 192–193; cf. 1945, Art. 100:  “Within the first fifteen days of each constitutional period, the Cámaras [Chambers] assembled in Congreso [Congress] shall elect the President”).

On 19 April the outgoing President transfers power after the elected President’s promise before Congress, or oath before the Court if necessary.  If the elected President cannot assume office on that date, the outgoing President yields to the President of the Supreme Court as Encargado del Poder Ejecutivo Nacional [Person in Charge of the National Executive Power] until the elected President can act.  (Art. 194; cf. 1945, Art. 101:  “the former President shall continue in the exercise of power under the name of Encargado del Poder Ejecutivo Federal [Person in Charge of the Federal Executive Power]”).

A permanent vacancy is provisionally filled by the President of Congress, then its Vice-President, then the Supreme Court President.  Extraordinary Congress must act within thirty days of convocation:  popular election follows a vacancy in the first half of the term; Congress elects the replacement in the second half.  Where popular election is required, Congress also elects the interim officeholder.  (Art. 195; cf. 1945, Art. 102:  “Congreso [Congress] shall fill the office […] for the time remaining in the respective period”).

A designated minister fills temporary absence.  After ninety days, Congress decides whether provisional government continues and elects an acting President, or proceeds to a new President.  Presidential absence from national territory requires congressional or Permanent Commission authorization, including for six months after leaving office.  (Arts. 196–197; cf. 1945, Arts. 102–103:  “Temporary absences of the President of the Republic shall be supplied by the Minister whom he designates […] his absence from the Capital shall not be considered a temporary absence, provided that he does not leave the territory of the Republic”).

The Nation cooperates in international common security under the Constitution and pacts.  Treaties require Congress unless they execute existing obligations, apply recognized principles, concern ordinary relations, or exercise express legal powers.  The Permanent Commission may authorize urgent provisional execution, subject to subsequent legislative decision.  All agreements are reported to the Chambers.  Peaceful-settlement clauses are required under the stated conditions.  The President directs relations and treaty action and takes emergency defensive measures with urgent congressional convocation.  (Arts. 104–106, 198(2–8); cf. 1945, Arts. 78(5), 104(20):  “without the requirement of their approval they shall not be valid, nor may they be ratified or exchanged […] in international treaties the following clause shall be stipulated”).

Presidential functions include enforcement, promulgation and regulation without altering legislative purpose, requests for extraordinary sessions, appointment and removal of ministers, territorial administration, the Federal District governorship, appointments subject to administrative-career statutes, navigation patents, naturalization, the census, prosecution requests, pardons, official visits, designation of the temporary substitute, and other constitutional or statutory powers.  (Art. 198(1), (9–11), (19–22), (25–29), (31–33); cf. 1945, Art. 104(16–17):  “appoint and remove […] national employees whose designation is not attributed to another official […] convoke Congreso [Congress] extraordinarily”).

The President presents a concise annual political and administrative message within ten days of ordinary sessions, stating the year’s principal action and government projects; in the last year it is presented on installation day.  Responsibility remains joint with ministers for administration and personal for treason and common offences.  (Arts. 199–200; cf. 1945, Art. 105:  “a Message in which he shall give account of the acts of his administration and of the state of the Republic”).

Law organizes ministries.  Ministers must be Venezuelan by birth, over thirty, lay, and possess civil and political rights.  They countersign presidential acts and bear personal responsibility despite written orders.  Council members collaborate in government; responsibility attaches unless an adverse vote is recorded.  Annual reports and accounts are due within ten days; in the final year they pass to the Permanent Commission if Congress is not installed.  Ministers speak and answer summons and interpellations in the Chambers and Commission.  (Arts. 201–204, 206–209; cf. 1945, Arts. 112–114:  “responsibility is joint for all Ministers who have voted affirmatively […] they shall leave them in the possession of the President of the Corte Federal y de Casación [Federal and Cassation Court]”).

The Council’s meeting provision prints “El Consejo de Ministros de reunirá”.  The ministerial responsibility article reads “Los Ministros son penal y civilmente responsables por los hechos ilícitos que se les hagan.”  (Arts. 205, 210; cf. 1945, Arts. 111, 115:  “The President of the Republic shall convoke the Consejo de Ministros [Council of Ministers] when the matter to be considered requires it or when he deems it convenient […] for the unlawful acts in which they incur”).

POW-JUD—Judiciary

National competence includes justice, the Ministerio Público [Public Ministry], and prisons.  Judicial power is independent and comprises the Supreme Court and statutory courts.  Law regulates organization, jurisdiction, appointment, and judicial careers, and may establish a Consejo Supremo de la Magistratura [Supreme Council of the Magistracy] with legislative, executive, and judicial representatives for independence, efficacy, and discipline.  Art. 213 prints “Carrera Administrativa”.  Authorities must support judgments; judges are responsible, removable during the term only by final decision in legal cases, and barred from legal practice and incompatible paid office, subject to enumerated exceptions.  (Arts. 138(4), 211–217; cf. 1945, Arts. 122–125:  “shall establish the judicial career […] they may not be removed from their offices except in the cases determined by law”).

The Corte Suprema de Justicia [Supreme Court of Justice] comprises ten lawyers meeting presidential qualifications.  Congress may increase the number by special law upon the Court’s proposal.  Within the first fifteen days of ordinary sessions at the beginning of the term, Congress elects members separately by absolute majority and ten alternates in order.  The Court fills temporary or case-specific absences; replacement alternates occupy vacant places.  (Arts. 218–219; cf. 1945, Arts. 126–127:  “ten Members who must be Venezuelans by birth, over thirty years of age and lawyers of the Republic […] they shall occupy the last places on the list”).

Autonomous chambers exercise full jurisdiction within their competence.  The Court hears charges against the enumerated senior officials, including the Fiscal, Procurator, Contralor [Comptroller], and governors; diplomatic offences in public service; cassation, deciding the merits after cassation for infringement of law; prize cases on appeal; public-power disputes; and judicial competence conflicts.  (Art. 220(1–6); cf. 1945, Art. 128(5–6):  “Hear the appeal in Cassation and the others whose decision the law attributes to it, in the form and terms determined by law […] hear prize cases”).

The Court annuls unconstitutional national or state laws, municipal ordinances, and public acts; resolves conflicts of laws; and hears the specified contentious-administrative contract, concession, damages, and monetary claims.  Thirteen months limits non-constitutional administrative annulment, but illegality remains available as a defence.  Foreign judgments may receive executory force.  The mineral and land provisions retain the stated statutory reservations of executive decision without judicial recourse.  (Art. 220(7–13); cf. 1945, Art. 128(12), (14):  “in contentious proceedings”).

The Court determines whether proceedings lie against the officials in Art. 220(1).  An affirmative decision suspends the official; common offences pass to the competent court and political offences remain through final judgment.  It reports annually to Congress and indicates proposed legislative reforms.  (Arts. 221–222; cont., 1945, Arts. 129–130, for the procedure and annual reporting).

The Ministerio Público [Public Ministry] is entrusted to the Fiscal General de la Nación [Prosecutor General of the Nation] and statutory auxiliaries.  Congress elects the Fiscal within thirty days of the first constitutional year for the whole term, with five alternates called by the executive.  He must be Venezuelan by birth, over thirty, lay, a lawyer, and possess civil and political rights.  The office supervises lawful criminal and fiscally or publicly interested proceedings and the administration of justice, prosecutes national employees, and acts before the Supreme Court in the designated causes.  Responsibility follows law.  (Arts. 223–227; cf. 1945, Arts. 116–117:  “The Ministerio Público [Public Ministry] is the organ of the Ejecutivo Federal [Federal Executive] before the Poder Judicial [Judicial Power] […] shall be entrusted to the Procurador General de la Nación [Procurator General of the Nation]”).

The Procuraduría General de la Nación [Office of the Procurator General of the Nation] separately represents national rights in litigation under law and executive instructions and furnishes legal opinions to the President, ministers, Chambers, and Supreme Court.  The Procurator has the stated birth, age, lay, professional, and rights qualifications; Congress elects him for the term within thirty days with five alternates.  Liability follows the ministerial rule.  (Arts. 228–230; cf. 1945, Art. 120(1–4):  “Give the legal opinions requested of him […] promote […] accusation against federal employees […] exercise […] the Ministerio Público [Public Ministry] […] represent and sustain […] the rights of the Nation”).

POW-SUB—Subnational Government

Municipal councils exercise power in state districts, the Federal District, and Territories, with economic and administrative autonomy and legal personality; the Federal District may have a special departmental arrangement.  Acts and officials are subject to judicial control rather than national or state intervention.  Fiscal competence and receipts are protected, and payment for unassumed national or state services requires a lawful contract.  (Arts. 109–111; cf. 1945, Arts. 6, 14:  “completely autonomous and independent of the Poder Federal [Federal Power] in matters relating to its economic and administrative regime”).

Municipal competence includes local services and credit institutions, social assistance, measures against abandonment, vagrancy, alcoholism, illiteracy, and prostitution, urbanism, and revenue.  Revenue includes industry, commerce, vehicle, urban-property and spectacle charges, municipal property and service proceeds, fines, and the constitutional allocation.  Art. 112(2) prints its national-competence reference as “numeral 18 del Artículo 138”.  Congress may assign further revenue matters; national and state reservations and Art. 127 restrictions apply.  (Arts. 112–113, 117; cf. 1945, Art. 18(1):  “The hygiene service shall be performed subject to federal laws and regulations on sanitation and under the inspection of the federal sanitary service.”).

Councils are elected by universal, direct, secret vote.  Each elects its president from its members as the executive organ of its decisions.  Councillor service is obligatory and incompatible with paid executive office, subject to the stated incidental, academic, teaching, and assistance exceptions.  (Arts. 114–116; cf. 1945, Art. 17(1):  “the Constitutions and laws of the States may establish the conditions required […] to be a Member of a Concejo Municipal [Municipal Council]”).

The Nation provides a cadastre and endowment of ejidos [municipal common lands] and assists recovery of improperly occupied municipal land.  Ejidos are inalienable and imprescriptible, except for construction under municipal ordinance formalities.  (Arts. 118–119; cf. 1945, Art. 18(2):  “Administer their common lands and own lands, without being able to alienate them except for construction”).

States retain equal political standing, autonomy, residual competence, and duties to national independence and unity.  They may alter names and divisions, enact constitutions, organize and elect powers, administer property and revenue within national reservations, contract internal loans whose annual obligations do not exceed ten per cent of ordinary revenue, promote production and supplies, restrain speculation, and build local roads and works subject to technical approval.  (Arts. 120–121; cf. 1945, Art. 17(1–4):  “Elect their Poderes Públicos [Public Powers] according to their Constitutions and laws, without prejudice to […] delegation to the President of the Republic of specified powers”).

States recognize other public acts, accommodate national agents within their service jurisdiction, refrain from interstate war, prohibit hostile levies, and permit national installations.  They may not borrow abroad, establish customs or reserved taxes, tax transit, maintain forces other than municipal police, discriminate against outside goods, tax goods before local circulation, or tax livestock and its products.  (Arts. 122–127; cf. 1945, Arts. 15(8), 17(3), 19–24:  “their police and prison guards, except those which they organize by order of the Gobierno Federal [Federal Government]”).

An elected Legislative Assembly legislates and controls state administration.  Art. 128 prints “se reunirá extraordinariamente” for its annual meeting on 1 June or the nearest possible date.  Universal, direct, secret voting chooses its members; executive office is incompatible throughout the term, subject to the stated exceptions.  Two-thirds may disapprove the Governor’s administration with removal; the Assembly considers the state budget and enacts state laws.  (Arts. 128–131; cf. 1945, Art. 17(1):  “the corresponding period for which elections shall be held”).

The Governor and secretaries exercise state executive power.  The Governor is a Venezuelan-born adult of lay status enjoying civil and political rights and acts as national agent for national law and orders.  He appoints staff under career rules, reports and accounts annually, presents the budget, and designates a secretary for temporary absence.  Transitory VII provides a plebiscite within two years on presidential appointment or universal, direct, secret election.  It prints “si deberán ser por voto” and “incorporada al título”.  Pending the vote, the President in Council appoints and removes, subject to legislative removal under Art. 131(2).  (Arts. 132–136; Transitory VII; cf. 1945, Art. 17(2):  “Elect their Poderes Públicos [Public Powers] according to their Constitutions and laws”).

National competence comprises the enumerated international, legal, fiscal, military, social, resource, communication, and administrative matters.  Two-thirds of the Chambers may assign specified national matters to States or municipalities to promote administrative decentralization.  Congress may also legislate on police organization through the ordinary legislative procedure.  (Arts. 138–139; cf. 1945, Art. 15(20):  “any other matter which this Constitution attributes to one of the Powers constituting the Gobierno Federal [Federal Government]”).

CON-AMD—Amending the Constitution

Total or partial reform may originate in state legislatures or either Chamber.  State initiative requires two-thirds of the legislatures in ordinary sessions, each acting by an absolute majority of its entire membership.  Congress declares it admissible, follows the ordinary legislative procedure, and submits adopted changes for ratification under the same state procedure.  (Arts. 248–249; cf. 1945, Art. 131:  “when requested by three-quarters of the Asambleas Legislativas [Legislative Assemblies] of the States assembled in ordinary sessions”).

Congressional initiative requires a quarter of a Chamber’s entire membership and the ordinary legislative procedure.  Adopted changes go to state legislatures in the following year’s ordinary sessions; two-thirds must ratify, each by an absolute majority of its full membership.  Amendments are confined to points receiving the required concurrence.  Congress counts the final votes; the amended text takes effect on gazette publication.  (Arts. 250–252; cf. 1945, Arts. 134–136:  “Congreso [Congress] may also take the initiative in either Cámara [Chamber] […] ratified by two-thirds of the Asambleas Legislativas [Legislative Assemblies] of the States in their ordinary sessions”).

CIV-SUF—Suffrage

Suffrage is a Venezuelan right and public function, potentially extended by law to foreigners resident continuously for more than ten years for municipal elections.  All Venezuelan men and women over eighteen may vote unless definitively interdicted or criminally disqualified.  Eligibility for public office requires literacy, age over twenty-one, and the specified constitutional and statutory qualifications.  Law regulates proportional minority representation and seeks to prevent party predominance in electoral bodies.  (Arts. 44, 79–83; cf. 1945, Art. 32(14):  “Venezuelan males, over twenty-one years of age, who can read and write […] Venezuelan women […] enjoy active and passive suffrage for the formation of Concejos Municipales [Municipal Councils]”).

Active members of the armed forces may not vote.  Municipal councils, state legislatures, deputies, senators, and the President are elected by universal, direct, secret suffrage under their respective provisions.  Naturalized Venezuelans meeting the additional domicile and eight-year conditions may become deputies; senators and the President must be Venezuelan by birth.  (Arts. 99, 114, 129, 151–155, 192; cf. 1945, Arts. 57, 60, 100:  “To be a Deputy it is required to be Venezuelan by birth […] the Asamblea Legislativa [Legislative Assembly] of each State shall elect […] the Cámaras [Chambers] assembled in Congreso [Congress] shall elect”).

CIV-CIT—Citizenship

Birth nationality covers birth in Venezuela, except children of non-domiciled and non-resident foreigners or persons in another State’s official service; birth aboard Venezuelan ships or aircraft outside another State’s territorial domain, with the same exceptions; foreign birth to Venezuelan parents in Venezuela’s official service; and foreign birth to two Venezuelan parents where the birth country does not confer nationality.  The paragraphs provide domicile or declarations upon majority for the excepted cases, additional rules for children of a Venezuelan parent born abroad, and diplomatic or consular birth registration.  (Art. 11; cf. 1945, Art. 28:  “All those born in the territory of the Republic […] children of Venezuelan parents, whatever their place of birth”).

Naturalization covers a foreign wife who loses her prior nationality through marriage; qualifying adult foreign-born children of naturalized parents; domiciled natives of Spain or Latin American States expressing the requisite will; and certificate holders.  Effective treaty reciprocity permits the stated Spanish and Latin American applicants to acquire Venezuelan nationality without changing or losing their original nationality.  (Art. 12; cf. 1945, Art. 29(4):  “The foreign woman married to a Venezuelan, while the marriage subsists”).

Dissolution does not affect spouses’ or children’s nationality.  A Venezuelan wife retains hers unless she expresses the contrary and thereby acquires her husband’s nationality.  Statute regulates declarations and certificates; treaties may address multiple nationality, reserving the reciprocity rule of Art. 12.  (Arts. 13–16; cf. 1945, Arts. 29(4), 30:  “when it is dissolved and during the following year, she expresses and has accepted her will to continue being Venezuelan […] nationality shall not be considered acquired until the stated publication occurs”).

Nationality is lost upon full voluntary acquisition of another, subject to Art. 12’s exception, or revocation of naturalization under law.  Art. 18 prints “La recuperación en los casos que determine la Ley.”  Statute regulates nullity for defects in naturalization.  (Arts. 17–19; new; 1945, Arts. 27–30, which contain no corresponding general articles on loss, recovery, and nullity).

Persons presently holding Venezuelan and another nationality have five years to choose; after statutory notification and failure to choose, Venezuelan nationality is presumed preferred.  For minors the period begins at majority under Venezuelan law.  (Transitory XVII; new; 1945, Arts. 27–30, which contain no corresponding transitional election between nationalities).

RTS-GAR—Rights

Venezuelans must defend the country and obey lawful authority; service against Venezuela, or its allies in international armed conflict, constitutes treason.  Foreign residents must obey, receive rights and duties not exceeding Venezuelans’, and may face statutory security or sanitary restrictions.  Confiscation applies only to foreigners in conflict with their country.  Naturalized Venezuelans have political rights subject to statutory restrictions.  Lawful liberty and the restriction of public indemnity to legitimate official action are retained.  (Arts. 20–24; cf. 1945, Arts. 31, 38:  “They may not undertake to serve against Venezuela […] the rights and duties of foreigners are determined by law”).

Unenumerated rights and duties of inhabitants remain reserved.  Laws, decrees, ordinances, resolutions, or regulations impairing guaranteed rights are null, as declared by the Supreme Court.  Officials violating guarantees are punishable subject to the specified emergency provisions.  Criminal actions for violations of individual guarantees prescribe after six years; for officials the period begins after departure from public office.  (Arts. 25–28; cf. 1945, Arts. 34–36:  “any other rights which may correspond to Venezuelans […] except measures directed to the defence of the Republic or the preservation or restoration of peace”).

Life and personal liberty and security are guaranteed to all inhabitants.  The death penalty, forced recruitment, incommunicado detention, compelled self-incrimination, special tribunals, punishment without notice and hearing, non-criminal civil imprisonment, penalties over twenty years, infamous or perpetual penalties, torture and physical suffering, detention beyond sentence, and repeated trial for the same acts are barred.  Mandatory military service remains statutory.  The self-incrimination provision includes the printed phrase “persona con quien haga vida material”.  (Arts. 29–30; cf. 1945, Art. 32(17)(e), (h):  “nor against the spouse […] nor be condemned to a custodial penalty exceeding twenty years or to infamous penalties”).

Except for flagrancy, detention requires preliminary information of a punishable offence carrying confinement and a reasoned written order.  The preliminary investigation may not exceed thirty days after judicial detention.  In the specified insult, defamation, contempt, and official-offence cases, the accused remains at the venue but is detained only under final sentence.  Release follows destruction of grounds or lawful bail; bail processing is free of tax.  (Art. 30(2–3); cf. 1945, Art. 32(17)(c), (f):  “The preliminary investigation may in no case extend beyond thirty days after detention […] after sufficient bail has been provided”).

Administrative detention is excepted from Art. 30(2), but arrest may not exceed fifteen days and requires written reasons beyond forty-eight hours.  Law regulates repeat offenders.  Habeas corpus is available to the detainee or another person on his behalf where no ordinary judicial remedy exists, under a brief statutory procedure.  (Arts. 31–32; new; 1945, Art. 32(17), which contains no corresponding administrative-arrest limits or express habeas corpus provision).

Political asylum is recognized subject to law, international law, and treaties.  Movement, domicile, departure, return, and movement of goods are subject to law; nationals may not be discretionarily excluded from entry.  (Arts. 33–34; cf. 1945, Art. 32(7):  “observing legal formalities […] subject to the limitations required by public order and the interests of the Nation”).

Home entry is confined to prevention of consummation of crime, lawful judicial decisions, and sanitary or fiscal visits with prior notice.  Oral, written, and other correspondence is inviolable subject to judicial seizure with legal formalities and protection of unrelated private matter; accounts remain subject to lawful inspection.  (Arts. 35–36; cf. 1945, Art. 32(4):  “to prevent the perpetration or consummation of an offence […] it shall also be subject to sanitary visits according to law”).

Thought may be expressed through speech, writing, print, radio, or other publicity without prior censorship.  Statutory penalties cover public-morals offences, insult, defamation, contempt, and incitement.  Anonymity, war propaganda, and propaganda provoking disobedience of law are prohibited, without curtailing analysis or criticism of legal precepts.  (Art. 37; cf. 1945, Art. 32(6):  “nor any propaganda of war or directed to subverting the political or social order”).

No one is compelled to declare religious belief or political ideology except as law provides.  Religious belief cannot excuse legal obedience or obstruct another’s rights.  Lawful unarmed association, assembly, manifestation, and union organization are protected, as are petition with timely response and accusation of officials.  Equality prohibits racial discrimination and hereditary distinction; civil identification must not disclose distinctions of filiation, birth, or parents’ civil status.  (Arts. 39–43, 45–46; cf. 1945, Art. 32(11), (18):  “freedom of association, which remains subject to the restrictions and prohibitions established by law […] all shall be judged by the same laws”).

The State protects the family regardless of origin and maternity regardless of civil status, assists abandoned mothers, and provides for an unattachable family patrimony.  Protection of the child extends from conception through development, with parental identification, support and education, special juvenile laws, prevention of exploitation, subsidiary state assistance, a code, and an organizing body.  The State seeks removal of the social causes of prostitution and rehabilitation of those affected.  (Arts. 47–50; new; 1945, Arts. 31–37, which contain no corresponding family-and-child-protection chapter).

All inhabitants have a right to health protection and protection against social risks and resulting need.  The State provides disease prevention and treatment, progressively establishes broad and efficient social security, and promotes inexpensive housing for economically disadvantaged classes.  (Arts. 51–52; cf. 1945, Art. 15(4):  “human, animal and plant sanitation […] work and social provision”).

Education is a right and an essential state function.  The State supplies institutions and services; education is integral and directed to personal development, democratic citizenship, national culture, and human solidarity.  Private teaching and institutions are free within statutory direction and inspection, with encouragement when compliant.  The State may reserve teacher training, requires demonstrated teaching competence, and guarantees suitable professional conditions.  Primary education is compulsory; official education is free in every cycle, with assistance for those lacking means according to vocation and aptitude.  (Arts. 53–58; cf. 1945, Arts. 15(9), 32(15):  “Elementary primary instruction is compulsory, and instruction in official institutes shall be free […] the moral and civic education of the child is compulsory”).

The State safeguards artistic and historical wealth.  Professions requiring qualifications are regulated; law determines state-issued titles and may require professionals to render national service.  (Arts. 59–60; cf. 1945, Art. 32(10):  “Professions requiring a title may not be exercised without possessing it and satisfying the formalities required by law.”).

Work is a duty and right; the State seeks subsistence through work without injury to liberty or dignity, and protects employment stability and material, moral, and intellectual conditions, with technical teaching.  Art. 62 prints “estabilidad en le trabajo”.  (Arts. 61–62; cf. 1945, Art. 32(8):  “to provide for the improvement of their physical, moral and intellectual condition”).

Labour legislation provides a maximum eight-hour day and seven-hour night, subject to stated exceptions and possible reduction; paid weekly rest; equal pay without distinction of sex, nationality, or race; a minimum living wage; annual paid leave; occupational-risk responsibility; notice, severance, seniority benefits, and retirement; and protection of union officers’ employment except for fully justified termination.  (Art. 63(1–7); cf. 1945, Art. 32(8):  “Weekly rest, preferably on Sundays […] annual remunerated holidays”).

Further guarantees comprise collective agreements including a union clause, conciliation, strike subject to public-service exceptions, protection of minors and women including paid maternity rest, profit participation, savings, liability of beneficiaries and intermediaries or contractors, protected wages, and non-waiver of favourable legal provisions.  The State promotes a family wage through institutions.  (Art. 63(8–15); Art. 64; cf. 1945, Art. 32(8):  “The Nation shall favour a system of participation by employees and workers in the profits of enterprises and shall encourage saving among them.”).

Property is guaranteed subject to its social function and statutory contributions and restrictions.  Authors, inventors, and mark creators receive the stated exclusive rights.  Resources are conserved; expropriation requires public utility or social interest, final judgment, and payment, with secured deferred payment permitted for agrarian reform and urban expansion.  Land and forests must be maintained in socially useful production under law.  (Arts. 65–68; cf. 1945, Art. 32(2):  “through prior indemnification and adversarial proceedings”).

The State undertakes agrarian transformation, credit organization, rural improvement, and provision of land and productive means to qualifying peasants and associations.  Art. 69 prints “acción planificadas y sistemática, orientado”.  Lands acquired for hydrocarbon or combustible-mineral exploitation revert to national ownership without indemnity when the concession ends.  Cooperatives receive support.  Special legislation addresses incorporation of Indigenous people into national life with regard to cultural and economic conditions.  (Arts. 69–72; cf. 1945, Art. 32(8):  “The State shall endeavour to settle the day labourer in the countryside, shall attend to his rural education and shall ensure preference to the Venezuelan worker in colonization and use of national lands.”).

Lawful commerce, industry, and gainful activity are free within constitutional, sanitary, and security limits.  The State protects private initiative, may reserve public-interest industries or services, and may plan and regulate production, circulation, and consumption for national development.  Export limits require national interests.  The Consejo de Economía Nacional [National Economic Council] represents capital, labour, liberal professions, and the State under law.  (Arts. 73–75; cf. 1945, Art. 32(8–9):  “representatives of the producing and consuming population, of capital and labour, and of the liberal professions […] in extraordinary circumstances”).

The President in Council may restrict or suspend guarantees for war, imminent danger of war, or grave circumstances affecting national economic or social life, except life and the protections in Art. 30(9).  Grounds, guarantees, and territory must be specified; measures are confined to what security and restoration of normality require, submitted to Congress or its Permanent Commission within ten days, and revoked when their causes cease.  (Art. 76; cf. 1945, Art. 37:  “with the exception, in every case, of those relating to the inviolability of life, the prohibition of slavery and non-condemnation to infamous penalties”).

Without general restriction or suspension, the President in Council may order preventive detention upon serious grounds of participation in plans for a coup or violent overthrow.  The measures must be submitted to Congress or its Permanent Commission within ten days for approval or rejection and cease with their causes.  Approved measures continuing after sixty days go to the Supreme Court, which considers law, state security, and public order.  (Art. 77; cf. 1945, Art. 37:  “national or foreign individuals opposed to the restoration or preservation of peace may be arrested, confined or expelled”).

Restriction of guarantees does not affect the functioning or lawful prerogatives of national public powers.  (Art. 78; cont., 1945, Art. 37, for this institutional safeguard).

REG-MIL—The Military

The Fuerzas Armadas Nacionales [National Armed Forces] are apolitical, essentially professional, obedient, and non-deliberative, organized for national defence, internal stability, and constitutional compliance.  Peacetime requisitions pass through civil authorities.  Statute organizes forces and missions; military forces have the specific defence mission and only the stated occasional public-order functions.  Population determines the service contingent.  (Arts. 93–96; cf. 1945, Arts. 15(8), 47:  “Armed force may not deliberate […] it is passive and obedient.”).

States and municipalities maintain only municipal police.  All armaments belong to the Nation under ministerial control.  Active members may neither vote nor join or act in political organizations.  On voting days forces remain on permanent service and leave barracks only for public order and free voting.  Ranks, honours, and pensions are acquired and forfeited only under law.  (Arts. 97–101; cf. 1945, Arts. 15(8), 47:  “their police and prison guards […] on voting days troops shall remain quartered and may leave barracks only for public-order commissions”).

The President is supreme hierarchical authority and commands through lawful departments and officials.  The Consejo Supremo de la Defensa Nacional [Supreme Council of National Defence], comprising the President, designated ministers, and military officials, directs and coordinates defence.  The Senate authorizes designated promotions.  Presidential powers include force levels, military operations, combined command representation, interstate intervention, and the specified emergency measures for territory, States, shipping, and other lawful military action.  (Arts. 102–103, 156(2), 198(15–18); cf. 1945, Arts. 45, 104(2), (23):  “shall always be Commander-in-Chief of the Ejército Nacional [National Army] […] command the Ejército Nacional [National Army] and the Armada Nacional [National Navy] personally or through the person or persons he designates”).

REG-REL—Religion

Freedom of conscience and worship is guaranteed, worship remaining subject to executive inspection under law.  Religious or political declarations cannot be compelled except by law; belief may not excuse disobedience or deny others’ rights.  The Republic exercises the Patronato Eclesiástico [Ecclesiastical Patronage] according to law and may conclude agreements regulating Church–State relations.  (Arts. 38–40, 85; cf. 1945, Arts. 32(16), 52:  “religious freedom […] reserving always the right of Patronato Eclesiástico [Ecclesiastical Patronage] […] in accordance with the Law of 28 July 1824”).

Lay status is required for governors, the President, ministers, the Fiscal, and Procurator, and through the presidential qualifications for Supreme Court magistrates, the Contralor [Comptroller], and Subcontralor [Deputy Comptroller].  (Arts. 133, 191, 202, 218, 224, 228, 245; cf. 1945, Arts. 98, 110, 117, 126:  “to be of lay status […] Venezuelans by birth, over thirty years of age and lawyers of the Republic”).

ECO-INF—Infrastructure

The Constitution assigns national resource conservation and administration, agrarian development, statistics, engineering, architecture and urbanism standards, public works, communications, education, health coordination, animal and plant sanitation, agriculture, social provision, and transport.  Municipalities retain local services and urbanism; States undertake local roads and works with national technical approval where required.  National installations remain permitted in state territory.  (Arts. 66, 69–75, 112, 118, 121(6–7), 126, 138(12), (14–24); cf. 1945, Art. 15(19):  “public works which are necessary, without restricting the right of States and Municipalidades [Municipalities] to undertake on their own account those they deem appropriate”).

Saltworks remain inalienable, mining concessions may not be indefinite, and vacant-land dispositions favour occupants.  National roads, railways, and traction cables are national matters, with the stated urban exceptions.  Health services may be nationalized by law for collective interest; autonomous public institutes may have separate patrimony.  Navigation taxation remains confined by the rule on special works.  (Art. 138(12), (17), (19); Arts. 235, 239; cf. 1945, Art. 15(18):  “mining concessions shall be temporary […] vacant lands existing on maritime, river and lake islands may not be alienated”).

CON-FIN—Final Provisions

The Constituent Assembly’s mandate continues until recess.  Its commission comprises its President, two Vice-Presidents, and twenty-two further members with equal alternates, elected secretly from political lists for proportional representation.  It exercises applicable congressional-commission powers until the new Chambers install; the Assembly may reconvene legislatively under Art. 158.  (Transitory I; new; 1945, Transitory Arts. 137–139, which contain no corresponding Constituent Assembly continuation).

Presidential, congressional, and state legislative elections occur within ninety days after the Electoral Statute, on the electoral authority’s date.  Congress installs thirty days after general proclamation; state legislatures on 1 January 1948 or the nearest possible date.  Councils install by 1 June 1948, with the Federal District and Territories following the legislative timetable.  Governors account for 18 October 1945 through 15 December 1947.  Initial assembly and council sizes are specified; state legislatures and councils serve until 1 June 1950.  (Transitory II–VI; cf. 1945, Art. 139:  “The mandate of the present Senators and Deputies and of their Alternates shall last for the entire period for which they were elected.”).

The governor-selection plebiscite and interim appointment rule are recorded under POW-SUB.  The first national mandates end on 19 April 1952 although exercise begins upon oath.  The Constituent Assembly is to determine the interim executive’s reorganization by special decree.  (Transitory VII–IX; cf. 1945, Art. 54:  “five years for the President of the Republic, five years for the Corte Federal y de Casación [Federal and Cassation Court], counting from 19 April 1936”).

The Procurator performs the Fiscal’s functions until implementing legislation.  The Assembly elects an interim Procurator and alternates, an interim Supreme Court, and corresponding Contralor [Comptroller] officers until Congress provides definitive appointments.  Existing judicial laws continue, with the stated triplicate candidate lists, executive appointments within five days, and regional procedures for lower judges and other judicial officials.  (Transitory X–XIII; cf. 1945, Arts. 137–138:  “shall continue functioning and be governed by their respective Organic Laws […] the three new Members of the Corte Federal y de Casación [Federal and Cassation Court] and their Alternates shall be appointed by the Congreso Nacional [National Congress]”).

The new Situado distribution is effective from 1 July of the present year under the Assembly’s budget.  States continue collecting stamped-paper tax until reform of the fiscal-stamp law.  (Transitory XIV, XVI; cf. 1945, Art. 17(3):  “the stamped-paper tax”).

Pending legislation, criminal courts of first instance hear habeas corpus.  Within twenty-four hours of a complaint they request grounds of detention and then order trial where warranted, the proper administrative resolution, or immediate release, without prejudice to proceedings against officials for abuse.  (Transitory XV; new; 1945, Art. 32(17), which contains no corresponding transitional habeas corpus procedure).

The five-year nationality election is recorded under CIV-CIT.  During recess, Constituent Assembly members retain the protections of Arts. 143–146 but receive no allowances except commission members.  Existing law continues until modified or repealed by public authority or expressly or impliedly displaced by this Constitution.  (Transitory XVII–XIX; new; 1945, Transitory Arts. 137–139, which contain no corresponding provisions on those matters).

The final provision repeals the Constitution of 16 July 1936, reformed on 23 April 1945, executed and published on 20 July 1936 and 5 May 1945 respectively.  Those reform and publication dates are the dates stated by this article.  (Art. 253; cf. 1945, Art. 140:  “The Constitution enacted on 7 July 1931 and ordered to be executed by the Poder Ejecutivo [Executive Power] and published in the Gaceta Oficial [Official Gazette] […] on 9 July of the same year is repealed.”).

The constitutional closing is dated 5 July 1947, year 138 of Independence and 89 of Federation, at the Federal Legislative Palace in Caracas.  Andrés Eloy Blanco signs as President, Jesús González C. and Augusto Malavé Villalba as Vice-Presidents, and Miguel Toro Alayón as secretary, with the listed representatives.  The execution order bears the same date and the Junta Revolucionaria de Gobierno [Revolutionary Government Junta] as holder of executive power:  Rómulo Betancourt, Carlos Delgado Chalbaud, Raúl Leoni, Mario R. Vargas C., Gonzalo Barrios, Luis B. Prieto F., and Edmundo Fernández, followed by ministerial countersignatures.  (Closing and execution formulas, pp. 39–40; cf. 1945, Closing and execution formulas, pp. 26–27:  “on the sixteenth day of July nineteen hundred and thirty-six […] on the twentieth day of July nineteen hundred and thirty-six”).

Recension

Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).

Constitution of 1947:  https://cidep.online/files/constituciones/1947.pdf