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”.
Ricardo F. Morín
October 19, 2026
Oakland Park, Florida
23) The Constitution of 1953
The 1953 Constitución de la República de Venezuela [Constitution of the Republic of Venezuela] was sanctioned by the Asamblea Constituyente [Constituent Assembly] in Caracas on 11 April 1953. The constitutional closing bears the signatures of Ricardo González C. as President, Óscar Rodríguez Gragirena and Jesús Guerra Olivieri as Vice-Presidents, and Francisco Carreño Delgado as secretary, with the listed representatives. Marcos Pérez Jiménez signed the execution order in Caracas on 15 April 1953. (CIDEP 1953, closing and execution formulas, pp. 20–21).
DOC-PRE—Preamble
(modern Latinate English translation by the author from the CIDEP recension)
“The Venezuelan Nation is the association of Venezuelans in a pact of political organization under the name Republic of Venezuela, governed by the principles of Federal, democratic, elective, representative, responsible, and alternating Government, and independent and free of all foreign domination or protection.
“The Venezuelan Nation proclaims as the primordial reason for its existence the maintenance of its moral and historical patrimony, the safeguarding of its dignity, the conservation and defence of its territory, and the use of its wealth for the well-being of its inhabitants.
“The Venezuelan Nation aspires to attain an increasingly prestigious place in the universal community through the improvement of its physical environment and of the conditions of its inhabitants, in an atmosphere of harmony among all who dwell within its territory and with sound purposes of international cooperation.”
(CIDEP 1953, Art. 1, Preliminary Declaration, p. 3; cf. 1947, Preliminary Declaration: “The Venezuelan Nation is the association of all Venezuelans in a pact of political organization under the name Estados Unidos de Venezuela [United States of Venezuela].”).
FND-TER—Territory
National territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with treaty modifications. National authority and jurisdiction also extend to the seabed and subsoil of the continental shelf and to islands forming or appearing there. Statute determines the territorial sea, contiguous maritime zone, and airspace for state surveillance. Alienation, cession, and lease to foreign States or their successors, representatives, or agents are prohibited. Reciprocal acquisition of diplomatic premises is permitted in the capital’s metropolitan area, with sovereignty over the soil reserved. The recension prints “El de extensión del mar territorial”. (Art. 2; cf. 1947, Art. 1: “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 Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies]. The twenty States retain the names enumerated in 1947. States divide into Districts and these into Municipalities; organic laws determine the divisions of the Federal District and Territories. Caracas is the capital and national seat; Amazonas and Delta-Amacuro remain federal territories. (Arts. 3–4, 6–7; cont., 1947, Arts. 2–3, 6–7, for these territorial divisions, names, and seats).
Special laws may modify state, Federal District, and territorial boundaries for reasons of high national interest. Contiguous States may merge by legislative agreement. Recovery of autonomy requires a declaration by a majority of the representatives of the Districts belonging to one of the merged States, made in ordinary legislative sessions one year in advance. (Art. 5; cf. 1947, Arts. 4, 7: “Contiguous States may merge through agreements approved by their respective Asambleas Legislativas [Legislative Assemblies], but shall always retain the power to recover their autonomy.”).
Territorial statehood requires at least the population base for one deputy and capacity to maintain public services. (Art. 8; cf. 1947, Art. 8: “at least fifty thousand inhabitants”).
Maritime islands other than Margarita, Coche, and Cubagua, which form Nueva Esparta, are federal dependencies. Islands forming or appearing on the continental shelf are incorporated into them. The national executive governs dependencies; statute sets the conditions for territorial status. (Arts. 9–10; cf. 1947, Art. 9: “The maritime islands of Venezuela are Dependencias Federales [Federal Dependencies]”).
POW-LEG—Congress
Constitutional terms last five years. The Congreso Nacional [National Congress] comprises the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Chamber of the Senate], meeting in the capital in ordinary and extraordinary sessions. Acts as co-legislators are laws; acts in joint Congress or within either Chamber’s exclusive competence are agreements. Legislative authority is not delegable. (Arts. 42, 62–64, 66; cont., 1947, Arts. 140–141, 157–158, 164, 181, for these rules).
Ordinary sessions begin on 19 April or the nearest subsequent date, without convocation, and last one hundred days without extension. Extraordinary sessions address the specified matters, connected legislative changes, and evident emergencies. Sessions are public unless the respective Chamber resolves otherwise. (Art. 65; cf. 1947, Art. 157: “ninety days, but may be extended for up to ninety further days”).
Installation requires at least two-thirds. Those attending without that number form a preparatory commission; after fifteen days without a quorum, installation may proceed with at least half plus one. Later sittings require an absolute majority of incorporated members. Both Chambers install and close simultaneously; a change of meeting place requires the other’s consent, with differences resolved by joint Congress. (Arts. 67–68; cf. 1947, Art. 159: “After the opening sitting, the Chambers may sit with an absolute majority of their respective members attending.”).
Deputies and their alternates are elected by universal, direct, secret vote under statute. A deputy must be Venezuelan by birth and over twenty-one. (Arts. 69, 73; cf. 1947, Art. 152: “naturalized Venezuelans must additionally be domiciled in the country and have held naturalization for at least eight years”).
Each state legislature, and the Municipal Council in the Federal District, elect two senators and their alternates. Senators must be Venezuelan by birth and over thirty. (Arts. 70, 74; cf. 1947, Arts. 154–155: “shall be elected by universal, direct, secret vote”).
When permanent vacancies reduce a constituency’s deputy-alternate list by half or more, an assembly of the state’s Municipal Councils completes it, with the prescribed council representation. The respective Council acts in the Federal District and Territories. State legislatures and the Federal District Council replenish senatorial alternates whenever permanent vacancies arise. (Arts. 71–72; cf. 1947, Art. 150: “when the respective list of alternates has been exhausted”).
Congressional ineligibility covers the enumerated executive, judicial, fiscal, and territorial officers; directors, administrators, and representatives of autonomous institutes and enterprises with decisive state participation; other paid officials, subject to the listed exceptions; and public contractors or business agents in statutory cases. (Art. 75; cf. 1947, Art. 142(2): “Relatives of the President of the Republic within the second degree of consanguinity or affinity”).
Immunity covers the thirty days before 19 April, service during ordinary sessions and the following thirty days, and the period from extraordinary convocation until thirty days after those sessions. It bars arrest, confinement, detention, interference with functions, compulsory judicial appearance, and compulsory oath. The protected period is excluded from procedural time limits. (Art. 76; cf. 1947, Art. 146: “Throughout their mandate”).
Deputies and senators incur no legal responsibility at any time for opinions expressed in meetings of their Chambers or Congress. (Art. 77; cf. 1947, Art. 145: “Deputies and Senators shall not at any time, for the opinions they express in the exercise of their functions.”).
Ministerial censure requires at least two-thirds of deputies present. It entails removal when the Corte Federal [Federal Court] finds grounds for the minister’s prosecution. (Art. 78; cf. 1947, Art. 153(2): “who, in the same act, shall decide whether censure entails removal of the Minister”).
The Senate grants Pantheon honours to illustrious Venezuelans twenty-five years after death, authorizes military promotions from colonel or naval captain, and exercises other statutory powers. Foreign offices, honours, and rewards require its prior authorization for persons in state service. (Arts. 45, 79; cf. 1947, Art. 156(1): “illustrious Venezuelans or foreigners who have rendered eminent services to the Republic”).
Each Chamber regulates its proceedings, qualifies its members, considers resignations, and appoints investigative commissions empowered to demand official information and documents. Ministers summoned to report must receive at least three days’ notice of the subjects. (Art. 80; cf. 1947, Art. 161(7): “Require Ministers to appear and interpellate them on matters within their competence”).
The Chambers legislate on national matters, authorize presidential war or peace action, consider international agreements and qualifying executive contracts, and sanction the budget. Joint Congress counts constitutional-reform votes, grants territorial statehood, elects designated officers, considers presidential resignation and messages, examines ministerial and other accounts, and makes its rules. Article 83 prints “Presidente y Vicepresidente del Consejo Nacional”. (Arts. 81–84; cf. 1947, Art. 164: “President and Vice-President of the Congreso Nacional [National Congress]”).
Members of either Chamber and the national executive may initiate bills. Admitted bills receive three discussions in each Chamber. An approved bill passes to the other Chamber; acceptance of its amendments completes sanction, while disagreement passes to joint Congress. (Arts. 85–87; cf. 1947, Art. 166: “at least three of their respective members”).
The legislative formula names the Congreso de la República de Venezuela [Congress of the Republic of Venezuela]. Sanctioned texts are duplicated without alteration, dated, and signed by the congressional President, Vice-President, and secretaries; the congressional President transmits a copy for promulgation. Promulgation requires the presidential Ejecútese [Let it be executed] and official-gazette publication. Laws repeal laws and may be partially amended. (Arts. 88–89, 92, 94; cf. 1947, Art. 170: “The Congress of the Estados Unidos de Venezuela [United States of Venezuela]”).
The President has ten days to promulgate or request modification or withdrawal of sanction. Amendments and connected articles receive two discussions in each Chamber; withdrawal receives one in joint Congress. Preserving the original text requires two-thirds of those present in each Chamber. Rejection of the request entails promulgation within five days, except where alleged unconstitutionality is referred to the Corte Federal [Federal Court]. The Court decides within ten sittings; rejection of the constitutional objection requires promulgation within five days after judgment. (Art. 90; cf. 1947, Art. 173: “Congress shall decide his request in a single discussion and by a majority of votes”).
If the ten-day promulgation period expires after sessions close, the President may request legislative modification or withdrawal of sanction before extraordinary Congress. The executive determines the time for promulgating laws approving international agreements according to international practice and national convenience. (Arts. 91, 93; cf. 1947, Art. 174: “may request the extension referred to in Article 157”).
Legislation is non-retroactive except when imposing a lesser penalty. Procedural laws apply upon commencement to pending proceedings, while criminal evidence already received is assessed under the earlier law insofar as favourable to the accused. (Art. 30; cont., 1947, Art. 180).
The legislative chapter contains no permanent congressional recess commission corresponding to that constituted in 1947. (Arts. 62–94; cf. 1947, Arts. 182–186: “During the recess of the Cámaras Legislativas [Legislative Chambers], a Comisión Permanente [Permanent Commission] of the Congreso Nacional [National Congress] shall function”).
ECO-HAC—Treasury
National fiscal competence includes currency, metallic backing, banks and credit institutions, public credit, pensions, national revenues, budgets, and resource proceeds. The Hacienda Pública [Public Treasury] comprises national assets, receipts, liabilities, and the assets and receipts administered by the national executive, which directs and administers it. (Arts. 60(11–17), 119–120; cont., 1947, Arts. 138(7–12), 231, for these fiscal matters).
Taxation requires law and expenditure requires a budget appropriation or prior additional credit. Taxes payable in personal service, charges on agricultural and livestock products before consumption, and navigation taxes without facilitating special works are prohibited. Tax commencement or variation requires expiry of a specified period, subject to extraordinary executive powers. Fiscal privileges require statutory permission or contracts approved by Congress. (Arts. 121–125; cf. 1947, Art. 232: “Exemptions shall be granted only where law permits.”).
The President, personally or through the responsible minister, presents the budget to either Chamber within fifteen days of ordinary installation. The proposed budget takes effect on 1 July even if it has not been sanctioned by that date. (Arts. 81(5), 126; cf. 1947, Art. 208: “within the first five days after installation of the Cámaras Legislativas [Legislative Chambers] shall present to the Cámara de Diputados [Chamber of Deputies]”).
The Situado Constitucional [constitutional revenue allocation] is calculated on estimated ordinary receipts in the same budget. Its lower bound is printed as “12,59”, with an upper bound of twenty-five per cent. The Convention of Governors specifies the amount annually; thirty per cent is distributed equally among States, the Federal District, and Territories, and seventy per cent by population. A budget adjustment proportionately adjusts the allocation. (Art. 127; cf. 1947, Art. 238: “at least twenty-five per cent”).
Public-interest contracts cannot be made with or transferred to foreign governments or non-domiciled natural or juridical persons. Contracts with autonomous foreign official or semi-official entities require congressional authorization. The Venezuelan-court and no-foreign-claims clause is incorporated in the specified public-interest contracts. (Arts. 48–49; cf. 1947, Arts. 107–108: “where appropriate to their nature”).
The President decrees additional credits in Council, administers the treasury through ministers, coordinates federal-entity revenues and budgets, negotiates loans decreed by Congress, and concludes lawful contracts. National works, supply, and service contracts may provide for payments over several fiscal years. (Arts. 108(5), (7), (13–15), 128; cf. 1947, Art. 198(13): “with prior authorization of the Congreso Nacional [National Congress] or its Comisión Permanente [Permanent Commission]”).
The legislature audits treasury receipts, expenditure, executive fiscal operations, autonomous institutes, and corresponding accounts through the Contraloría de la Nación [Office of the Comptroller of the Nation]. Executive audit remains available. Statute may assign account centralization to other bodies, provide a special regime for state-security operations, and extend the functions to state and municipal administrations. (Art. 95; cf. 1947, Art. 241: “an autonomous body named the Contraloría General de la Nación [Office of the Comptroller General of the Nation]”).
Congress elects the Contralor [Comptroller], Subcontralor [Deputy Comptroller], and three alternates for the latter within thirty days of installation at the beginning of the constitutional term. They must be Venezuelan by birth, over thirty, and outside the specified kinship degrees with the President and Procurator. Other staff are freely appointed by the Contralor [Comptroller]. Annual and requested reports go to Congress; statute determines information supplied to the executive. (Arts. 96–98; cf. 1947, Art. 245: “the same qualifications as for President of the Republic”).
POW-EXE—Executive
National competence includes defence, vigilance over national interests, public peace, legal enforcement, international action, national symbols, the armed forces, federal-entity organization, and matters not assigned to other powers. The national government may establish the works and services necessary for its administration. (Arts. 60(1–5), (29), 61; cf. 1947, Art. 138(26): “Any other matter which this Constitution attributes to the Poderes Nacionales [National Powers]”).
Sovereignty resides in the people and is exercised through suffrage and public power. Municipal, state, and national powers exercise constitutional and legal competence; excess constitutes usurpation of powers. National legislative, executive, and judicial branches have distinct functions and cooperate with each other and the other public powers. (Arts. 38, 40–41, 59; cont., 1947, Arts. 79, 84, 86–88, 137, for sovereignty, distribution, competence, and cooperation).
Public office requires the legal oath. Foreign distinctions require Senate consent; simultaneous paid public offices are prohibited subject to the listed exceptions. Persons in state service may not contract with the State, directly or through intermediaries, except where statute permits. (Arts. 44–47; cf. 1947, Arts. 91, 144: “Acceptance of a second appointment of this kind entails resignation from the first.”).
The Republic exercises the Patronato Eclesiástico [Ecclesiastical Patronage] under law and may regulate Church–State relations by agreements. International commitments must contain the stipulated peaceful-settlement clause. (Arts. 50–51; cf. 1947, Art. 106: “whenever this is considered necessary in view of its nature”).
Consejos Superiores [Higher Councils] for specified matters of high national interest comprise the President as presiding officer, Cabinet members, other competent authorities, and persons designated by the President. (Art. 55; cf. 1947, Arts. 75, 103: “National Economic Council”).
Residual national government and administration belong to the executive. The President exercises national executive power from the capital, represents the State, and is supreme hierarchical military authority. Eligibility requires Venezuelan birth, age over thirty, and lay status. (Arts. 99–103; cf. 1947, Arts. 187–191: “the qualifications specified in Article 82”).
Universal, direct, secret voting elects the President by the highest number of votes, at least three months before the constitutional term begins on 19 April, on the date fixed by Congress in the previous year’s ordinary sessions. Article 104 prints “respective periodo”. The presidential provisions contain no express counterpart to the immediate re-election prohibition in the antecedent. (Arts. 103–107; cf. 1947, Art. 193: “The President of the Republic may not be re-elected for the immediately following constitutional term.”).
The President-elect takes the legal oath before Congress on 19 April, or before the Corte Federal [Federal Court] if Congress is not assembled. If unable to assume office on that date, the outgoing President remains as Encargado del Poder Ejecutivo Nacional [Person in Charge of the National Executive Power]. After thirty days without the oath, Congress elects a President for the remaining term within a further ten days by absolute majority. (Art. 105; cf. 1947, Art. 194: “the outgoing President shall relinquish his powers before the President of the Corte Suprema de Justicia [Supreme Court of Justice]”).
A permanent vacancy after assumption of office is provisionally filled by a minister elected by an absolute majority of the Cabinet, meeting with at least half plus one. Congress elects a President for the remainder by absolute majority, under the specified ten-day periods for election, convocation, installation, and oath. (Art. 106; cf. 1947, Art. 195: “if the vacancy occurs during the first half of the constitutional term”).
A minister designated by the President fills a temporary absence after taking the oath before the President or the Corte Federal [Federal Court], as designated. (Art. 107; cont., 1947, Art. 196, for designation of a minister to fill temporary absence).
Presidential powers are divided into those exercised in Council, through ministers, and personally. They include legislative regulation and extraordinary convocation, public-service organization, treaties, prosecution requests, appointments, territorial administration, governors’ conventions, contracts, war and peace, delegated state functions, and other constitutional or statutory powers. The enumeration passes from ordinal 15 to ordinal 17 and contains no printed ordinal 16. (Art. 108; cf. 1947, Art. 198: “through the corresponding Minister”).
The President reports annually to Congress within ten days of ordinary sessions, with special rules for the final year and delayed installation. Responsibility for administration is joint with ministers and personal for treason and common offences. (Arts. 109–110; cont., 1947, Arts. 199–200, for annual reporting and responsibility).
Ministers are the President’s legal organs and must be Venezuelan by birth, over thirty, and lay. President and ministers form the Consejo de Ministros [Council of Ministers]; ministers alone form the Cabinet. Statute determines ministerial duties and organization. Council members are responsible unless a reasoned adverse vote is recorded; written presidential orders do not excuse personal responsibility for excess of functions. (Arts. 111–115; cont., 1947, Arts. 201–204, 206, for these ministerial rules).
Ministers present annual reports and accounts at the beginning of ordinary sessions, with special final-year and delayed-installation rules. They may speak in the Chambers and participate in standing committees’ study of bills. With presidential authorization, they may delegate signature of specified documents to departmental officials, who bear responsibility for the resulting acts. (Arts. 116–118; cf. 1947, Arts. 207, 209: “within the first ten days of its sessions”).
POW-JUD—Judiciary
National competence includes justice and the Ministerio Público [Public Ministry]. Judicial power resides in the Corte Federal [Federal Court], Corte de Casación [Cassation Court], and other courts. Statute determines each higher court’s membership; Congress elects members and equal numbers of alternates within fifteen days of ordinary installation at the beginning of the term. Members hold over until successors assume office and must be Venezuelan-born lawyers over thirty of lay status. Replacement alternates take the last places on their lists. (Arts. 60(28), 129–132; cf. 1947, Arts. 218–219: “The Corte Suprema de Justicia [Supreme Court of Justice] shall comprise ten Magistrates”).
The Corte Federal [Federal Court] annuls unconstitutional laws, regulations, municipal instruments, and public acts; resolves conflicts of laws; hears accusations against the listed senior officers, diplomatic causes, intergovernmental and jurisdictional controversies, national contracts and concessions subject to statutory reservations, damages and monetary claims, prize cases, and recognition of foreign judgments. Other constitutional and statutory federal jurisdiction is reserved. (Art. 133; cf. 1947, Art. 220: “The Corte Suprema de Justicia [Supreme Court of Justice] shall divide into autonomous Chambers”).
The Corte de Casación [Cassation Court] hears cassation and other statutory matters. Statute regulates both higher courts, the other courts, judicial offices, and executive inspection of the administration of justice. The chapter contains no express counterpart to the antecedent’s declaration of judicial independence. (Arts. 134–135; cf. 1947, Art. 211: “The Poder Judicial [Judicial Power] of the Republic is independent of the other Poderes Públicos [Public Powers]”).
The Ministerio Público [Public Ministry] is directed by an officer designated in Article 136 as Procurador General de la Nación [Procurator General of the Nation], with the following articles using Procurador de la Nación [Procurator of the Nation]. Congress elects the officer and five ordered alternates within fifteen days of initial ordinary installation for the constitutional term. Venezuelan birth, legal qualification, age over thirty, and lay status are required. Statute determines ministerial functions and the organization and powers of the Procuraduría. (Arts. 136–139; cf. 1947, Arts. 223, 228: “The Ministerio Público [Public Ministry] shall be entrusted to the Prosecutor General of the Nation”).
POW-SUB—Subnational Government
States recognize reciprocal autonomy and political equality, preserve national independence, sovereignty, integrity, and dignity, and comply with national constitutional law and public acts. Each has an Asamblea Legislativa [Legislative Assembly] and a Governor acting as national agent. National officers and armed personnel may be stationed in state territory. State competence covers constitutions, names, territorial divisions, the Situado, and legislative taxation. External borrowing and the enumerated import, export, transit, pre-circulation, and discriminatory taxes are prohibited. (Arts. 11–17; cf. 1947, Art. 120: “retain in full their competence in matters not reserved by this Constitution to other powers”).
The President appoints and removes state Governors; Article 14 defines their additional capacity as agents of the national power. The state chapter does not reproduce the antecedent’s plebiscite procedure for choosing between presidential appointment and popular election. (Arts. 14, 108(10); cf. 1947, Transitory VII: “whether State Governors shall be freely appointed and removed by the President of the Republic in Consejo de Ministros [Council of Ministers], or whether they are to be by universal, direct, secret vote”).
Concejos Municipales [Municipal Councils] exercise municipal power in state Districts, the Federal District, and Territories, with fiscal, economic, and administrative autonomy. Municipalities possess legal personality, their Councils represent them, intervention is barred, and challenges to their ordinances, agreements, and resolutions belong to the competent judiciary. The Federal District organic law may establish a special municipal regime. Municipalities may not borrow abroad. Article 19 prints “y en Ordenanzas”. (Arts. 18–20; cf. 1947, Arts. 109–111: “full autonomy concerning the economic and administrative regime”).
Municipal competence includes the listed supplies, water, weights and measures, lighting, civil architecture, social assistance, cemeteries, education, slaughterhouses, ornamentation, urban transport, and other local services under national law. Municipalities coordinate urbanism with national technical bodies, administer ejidos [municipal common lands] and their own property, and organize the enumerated industrial, commercial, vehicle, property, spectacle, service, and penalty revenues. Ejidos are inalienable and imprescriptible except for construction and agrarian reform. (Art. 21; cf. 1947, Art. 119: “except for construction”).
CON-AMD—Amending the Constitution
Either congressional Chamber or state legislatures may initiate constitutional reform. Congressional initiative requires at least a quarter of a Chamber’s entire membership. State initiative requires two-thirds of the legislatures, each acting by an absolute majority of its entire membership. Reform follows legislative procedure and requires ratification by at least two-thirds of state legislatures under the same absolute-majority rule. Amendments are confined to points receiving that concurrence; Congress counts the final votes, and the reformed Constitution enters into force on gazette publication. (Arts. 140–142; cf. 1947, Art. 250: “in their ordinary sessions of the following year”).
CIV-SUF—Suffrage
Suffrage is a public function reserved to Venezuelans but may be extended to foreigners; statute determines conditions and modalities. Deputies and the President are elected by universal, direct, secret vote. State legislatures and the Federal District Municipal Council elect senators. The general suffrage article contains no express voting age or literacy qualification and no express guarantee of proportional minority representation. (Arts. 38–39, 69–70, 104; cf. 1947, Arts. 81, 83: “All Venezuelans, men and women, over eighteen years of age are electors”).
Active military personnel may neither vote nor belong to political groups or participate in their activities. Deputies must be Venezuelan by birth and over twenty-one; senators must be Venezuelan by birth and over thirty. Congressional office-based ineligibility is recorded under POW-LEG. (Arts. 57, 73–75; cf. 1947, Art. 152: “naturalized Venezuelans”).
CIV-CIT—Citizenship
Birth nationality covers persons born in the Republic, persons born aboard Venezuelan ships or aircraft outside another State’s jurisdiction, and children of a Venezuelan father or mother. The article contains none of the antecedent’s qualifications concerning parental domicile, official foreign service, or declarations for the excepted births. (Art. 22; cf. 1947, Art. 11(1): “except children of foreigners neither domiciled nor resident in the Republic”).
Naturalization includes qualifying adult foreign-born children of a naturalized Venezuelan parent who establish domicile and express the requisite will, domiciled natives of Spain or Latin American States making the declaration, and a foreign wife whose wish to become Venezuelan is accepted. Statute regulates declarations, acquisition of certificates, and revocation. (Arts. 23, 26; cf. 1947, Art. 12(1): “if under her national law she loses her former nationality through the marriage”).
A Venezuelan woman marrying a foreigner retains Venezuelan nationality. Dissolution does not affect spouses’ or children’s nationality. Public treaties may regulate nationality where the application of different countries’ laws attributes more than one nationality. (Arts. 24–25, 27; cf. 1947, Art. 14: “unless she expresses a contrary will and provided that the declaration suffices to acquire her husband’s nationality”).
RTS-GAR—Rights
Lawful liberty and natural judges under pre-existing law are guaranteed. Public indemnity is confined to damage, injury, or expropriation attributable to competent authorities exercising lawful functions. Unenumerated rights of inhabitants remain reserved. Venezuelans must defend the country, refrain from service against it or its allies in international armed conflict, perform military service, and obey public law. Foreigners owe the specified defence and legal duties, may engage politically only through suffrage where available, and may be detained, confined, or expelled for violations. (Arts. 28–29, 31–34; cont., 1947, Arts. 20–25, 30(5), for these summarized liberties, duties, and limits on indemnity).
Life, liberty, and personal security are guaranteed. The death penalty is prohibited. Detention must conform to law; imprisonment for non-criminal civil default, compelled oath or admission of guilt against oneself or specified relatives, detention after release is legally due, conviction without notice and hearing, repeated trial for the same acts, infamous or perpetual penalties, and physically painful procedures are prohibited. The maximum corporal penalty is thirty years. (Art. 35(1–2); cf. 1947, Art. 30(9): “a corporal penalty exceeding twenty years”).
The rights chapter contains no express habeas corpus remedy, no counterpart to the thirty-day judicial-investigation limit, and no separate provisions on invalidity of rights-violating public acts or the special six-year prescription period. (Arts. 28–37; cf. 1947, Arts. 28, 30(2), 32: “has the remedy of Habeas Corpus”).
The home is inviolable subject to prevention of consummation of crime, judicial decisions, and lawful fiscal or public-security inspections. Correspondence may be seized by competent authority after legal formalities, with unrelated domestic and private matter protected. Movement, domicile, departure, return, and transfer of goods remain subject to law. (Art. 35(3–5); cf. 1947, Arts. 35–36: “by judicial authority”).
Expression, lawful assembly, association, union organization, work and its protection, industry and commerce, and teaching are guaranteed subject to statutory conditions. Equality includes identification without distinctions of filiation, birth, or parents’ civil status, and the official forms citizen and you, subject to diplomatic usage. The chapter contains no separate guarantees of petition, political asylum, family protection, health, education as a right, or the detailed labour standards enumerated in 1947. (Art. 35(7–8), (10–13); cf. 1947, Arts. 33, 43, 47, 51, 53, 63: “All inhabitants of the Republic have the right to protection of their health.”).
Property is guaranteed subject to its social function and statutory contributions, restrictions, and obligations. Expropriation requires final judgment and payment of the price; statute may restrict acquisition, transfer, use, and enjoyment. Lands destined for mining, hydrocarbon, and other combustible-mineral concessions revert to national ownership without indemnity when the concession ends for any cause. (Art. 35(9); cf. 1947, Art. 67: “for public utility or social interest, through final judgment and payment of the price”).
For national or international emergency, the President in Council may restrict or suspend guarantees throughout or within part of the territory. Life and the protections in Article 35(2)(g) are excepted. The decree is revoked when its causes cease; public power continues to function. The provision contains no corresponding ten-day requirement for legislative consideration. (Arts. 36–37; cf. 1947, Art. 76: “within the ten days following its promulgation”).
REG-MIL—The Military
Military service is a Venezuelan duty. The Fuerzas Armadas Nacionales [National Armed Forces] are professional, impersonal, apolitical, and exclusively at the Nation’s service, with defence, internal stability, and support for constitutional law as their fundamental purposes. Active members may neither vote nor participate in political groups. Ranks and associated honours and benefits may be forfeited only in statutory cases and form. The President is supreme hierarchical authority. (Arts. 33(2), 56–58, 60(4), 102; cf. 1947, Art. 93: “obedient and non-deliberative”).
The Senate authorizes promotions from colonel or naval captain. Congress authorizes presidential declarations of war or peace negotiations; the President directs war. The military chapter contains no express counterpart to the antecedent’s rules on civil transmission of peacetime requisitions, ownership of armaments, or election-day quartering. (Arts. 55–58, 79(2), 81(2), 108(21–22); cf. 1947, Arts. 93, 98, 100: “may leave their barracks only to guarantee public order and the normal and free conduct of voting”).
REG-REL—Religion
Religious freedom is subject to executive inspection of worship under law; religious beliefs or disciplines cannot excuse legal disobedience. The Republic exercises the Patronato Eclesiástico [Ecclesiastical Patronage] according to law and may regulate Church–State relations through agreements or treaties. (Arts. 35(6), 50; cf. 1947, Arts. 38, 40, 85: “nor to prevent another from exercising his rights”).
Lay status is required for the President, ministers, members of the Corte Federal [Federal Court] and Corte de Casación [Cassation Court], and the Procurator. (Arts. 103, 111, 131, 137; cont., 1947, Arts. 191, 202, 218, 224, 228, for these lay-status requirements).
ECO-INF—Infrastructure
The State may reserve industries, resource exploitation, or public-interest services and take economic measures to rationalize and promote production and regulate circulation and consumption. Monopolies are prohibited; concessions must be temporary. Exports are free subject to national-interest restrictions. National competence encompasses the enumerated legislation, agrarian reform, tourism, lotteries, statistics, works, engineering and urbanism standards, education, culture, health coordination, natural resources, labour and social security, transport, communications, justice, and other unassigned matters. The national government may construct works and establish services required for its administration. (Arts. 52–54, 60(6–10), (18–29), 61; cf. 1947, Art. 138(26): “Any other matter which this Constitution attributes to the Poderes Nacionales [National Powers]”).
Municipal services and urbanism remain subject to national law and technical coordination. National resource concessions are temporary; the executive may sell or lease vacant lands, but island vacant lands may not be alienated or granted in a manner transferring title. Resource proceeds enter the national treasury. Health services may be nationalized by law in the collective interest. (Arts. 21, 60(17), (20–24); cont., 1947, Arts. 112, 118–119, 138(12), (14–19), for these summarized services, resources, and public works).
CON-FIN—Final Provisions
Official acts and documents cite calendar dates and the years of Independence from 19 April 1810 and Federation from 20 February 1859. (Art. 43; new; 1947, Arts. 1–253: no corresponding general provision on official dating).
The former name Estados Unidos de Venezuela [United States of Venezuela] remains valid wherever its replacement by República de Venezuela [Republic of Venezuela] has not yet occurred. Within five days of promulgation, the Constituent Assembly elects the President, both Chambers, both higher courts, fiscal officers, state legislatures, and municipal bodies for the term beginning on 19 April 1953. The specified deputy population bases, alternates, council sizes, and installation dates apply. (Transitory I–II; cf. 1947, Transitory II: “The President of the Republic, members of the Congreso Nacional [National Congress], and members of the Asambleas Legislativas [Legislative Assemblies] shall be elected within the following ninety days”).
The initial Corte Federal [Federal Court] has five members and the Corte de Casación [Cassation Court] ten, with equal alternates. Existing organic law continues where applicable. The Federal Court assumes the former full-court and federal-chamber functions; the Cassation Court divides into civil, commercial and labour, and criminal chambers of five members each. The Federal Court resolves doubts. (Transitory II; cf. 1947, Transitory XII: “the Corte Suprema de Justicia [Supreme Court of Justice] of the Republic which is to act until the next Congress, in its ordinary sessions, proceeds to the definitive election”).
Pending the legislation required by the individual-guarantees chapter, corresponding provisional-government provisions remain in force. The President is authorized to take measures considered appropriate to preserve national security, social peace, and public order. (Transitory III; cf. 1947, Transitory XIX: “the existing legal order remains in force”).
Existing municipal police, credit institutes, municipal and state pensions, and the specified lotteries continue until corresponding national services are organized. States continue collecting stamped-paper tax pending fiscal-stamp reform. The 1953–54 budget is due in the second half of May 1953, and its Situado is fixed at three hundred million bolívares. (Transitory IV–VII; cf. 1947, Transitory XVI: “Stamped-paper tax shall continue to be collected in the States”).
Existing law remains until competent modification or repeal or express or implied displacement by this Constitution. The final provision repeals the Constitution of 5 July 1947. (Transitory VIII; Final Provision; cf. 1947, Art. 253: “The Constitution enacted on 16 July 1936 is repealed”).
The constitutional closing is dated 11 April 1953 at the Palacio Federal Legislativo [Federal Legislative Palace] in Caracas, year 143 of Independence and 95 of Federation. Ricardo González C. signs as President, Óscar Rodríguez Gragirena and Jesús Guerra Olivieri as Vice-Presidents, and Francisco Carreño Delgado as secretary, with the listed representatives. The execution order, signed by Marcos Pérez Jiménez, is dated 15 April 1953 in Caracas. (Closing and execution formulas, pp. 20–21; cf. 1947, Closing and execution formulas, pp. 39–40: “on the fifth day of July nineteen hundred and forty-seven”).
Recension
Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).
Constitution of 1953: https://cidep.online/files/constituciones/1953.pdf
24) The Constitution of 1961
The 1961 Constitución de la República de Venezuela [Constitution of the Republic of Venezuela] was sanctioned by the Congreso de la República de Venezuela [Congress of the Republic of Venezuela] in Caracas on 23 January 1961, following the favourable state legislative vote recorded in its preamble. Raúl Leoni and Rafael Caldera signed as congressional President and Vice-President. President Rómulo Betancourt signed the execution order at the Salón Elíptico del Palacio Federal [Elliptical Hall of the Federal Palace] on the same date, with ministerial countersignatures. The CIDEP recension also reproduces Amendment No. 1 of 1973 and Amendment No. 2 of 1983, identified separately below. (CIDEP 1961, preamble, p. 4; closing and execution formulas, pp. 32–33; amendments, pp. 38–40).
DOC-PRE—Preamble
(modern Latinate English translation by the author from the CIDEP recension)
“The Congress of the Republic of Venezuela, having requested the vote of the Legislative Assemblies of the States of Anzoátegui, Apure, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia, and having ascertained the favourable result of the count, in representation of the Venezuelan people, for whom it invokes the protection of Almighty God;
“with the purpose of maintaining the independence and territorial integrity of the Nation, strengthening its unity, and securing liberty, peace, and the stability of its institutions; protecting and ennobling work, safeguarding human dignity, and promoting general welfare and social security; attaining the equitable participation of all in the enjoyment of wealth according to the principles of social justice, and promoting the development of the economy in the service of man; maintaining social and juridical equality, without discrimination arising from race, sex, belief, or social condition;
“cooperating with other nations and, particularly, with the sister Republics of the Continent in the purposes of the international community, on the basis of reciprocal respect for sovereignty, the self-determination of peoples, the universal guarantee of the individual and social rights of the human person, and the repudiation of war, conquest, and economic predominance as instruments of international policy;
“sustaining democratic order as the sole and irrenounceable means of securing the rights and dignity of citizens, and peacefully favouring its extension to all the peoples of the earth; and conserving and increasing the moral and historical patrimony of the Nation, forged by the people in their struggles for liberty and justice and by the thought and action of the great servants of the country, whose highest expression is Simón Bolívar, the Liberator, decrees the following Constitution.”
(CIDEP 1961, preamble, p. 4; cf. 1953, Art. 1: “The Venezuelan Nation proclaims as the primordial reason for its existence the maintenance of its moral and historical patrimony”).
FND-TER—Territory
The República de Venezuela [Republic of Venezuela] is permanently and irrevocably free of foreign domination or protection and is a federal State under the Constitution. Its government is democratic, representative, responsible, and alternating. The national flag, the anthem “Gloria al bravo pueblo”, and the coat of arms are national symbols regulated by law. Castilian is the official language. (Arts. 1–3, 5–6; cf. 1953, Art. 1: “Federal, democratic, elective, representative, responsible, and alternating Government”).
National territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation initiated in 1810, with modifications resulting from validly concluded treaties. Law determines the extent and conditions of sovereignty, authority, surveillance, ownership, and resource exploitation over the territorial sea, contiguous maritime zone, continental shelf, and airspace. (Art. 7; cf. 1953, Art. 2: “the seabed and subsoil of the areas constituting its continental shelf”).
National territory cannot be ceded, transferred, leased, or alienated to a foreign power, even temporarily or partly. Foreign States may acquire diplomatic or consular premises within the designated area under reciprocity and statutory limits. International organizations may acquire immovables only under statutory conditions; sovereignty over the soil remains reserved. (Art. 8; cf. 1953, Art. 2: “as premises for their diplomatic representations in the metropolitan area of the capital of the Republic”).
National territory comprises States, the Federal District, Territories, and Dependencies. State mergers, boundary changes, compensation, and territorial cessions require agreements approved by the respective legislatures and ratified by the Senate. Agreements between the national executive and States modifying federal-entity boundaries require the corresponding legislative and senatorial ratifications. (Arts. 9–10; cf. 1953, Art. 5: “may be modified by special laws when reasons of high national interest so require”).
Caracas is the capital and permanent seat of the supreme national organs, without excluding their temporary exercise elsewhere. A special law may coordinate metropolitan jurisdictions while respecting municipal autonomy. Organic laws organize the Federal District and Territories with municipal autonomy preserved. Special law may grant statehood to all or part of a Territory. Dependencies comprise territory outside the other federal entities and islands forming or appearing in the territorial sea or above the continental shelf. (Arts. 11–14; cf. 1953, Arts. 8–10: “at least the population base required for the election of one Deputy”).
Law may establish a special legal regime for territories incorporated into the Republic through their inhabitants’ free determination and congressional acceptance. (Art. 15; new; 1953, Arts. 2–10: no corresponding express provision on voluntary territorial incorporation).
POW-LEG—Congress
National constitutional terms last five years except where the Constitution provides otherwise. Congress comprises the Senate and Chamber of Deputies, with joint sessions in the specified cases. Their presiding officers become President and Vice-President of Congress. Congress legislates on national matters, controls the national administration, and grants amnesty by special law; its Delegated Commission and other commissions exercise their assigned functions. (Arts. 135, 138–139; cf. 1953, Arts. 42, 62–63, 83: “President and Vice-President of the Consejo Nacional [National Council]”).
Congressional ineligibility covers the listed executive and autonomous-institute officers until three months after final separation; federal-entity Governors and government secretaries under the stated jurisdictional distinctions; and other paid public employees within the electoral jurisdiction, subject to exceptions. Law may disqualify specified electoral officers. (Art. 140; cf. 1953, Art. 75: “the members of the Corte Federal [Federal Court] and of the Corte de Casación [Cassation Court]”).
Senators and deputies may accept the specified ministerial, presidential-secretariat, gubernatorial, diplomatic, or autonomous-institute presidencies while retaining their congressional investiture, but must leave their Chamber during service. Multiple elective mandates, where permitted, cannot be exercised simultaneously. (Art. 141; cf. 1953, Art. 75(3): “Any other public official holding a remunerated office”).
Senators and deputies incur no external responsibility for votes and opinions expressed in their functions; they answer to their respective body under the Constitution and its rules. (Art. 142; cf. 1953, Art. 77: “for opinions they express in meetings of their Chambers or of Congress”).
Immunity runs from proclamation until twenty days after the mandate or resignation and bars the specified restraints, criminal trial, and personal or domiciliary search. Serious flagrancy permits custody at the member’s residence with immediate notice to the Chamber or Delegated Commission; custody ends unless continuation is authorized within ninety-six hours. Violating officials incur criminal responsibility. (Art. 143; cf. 1953, Art. 76: “during the thirty days preceding 19 April of each year”).
The investigating court sends preliminary proceedings to the Supreme Court. A finding of grounds for prosecution still requires the respective Chamber or Delegated Commission to lift immunity by a reasoned absolute-majority decision at a meeting called at least twenty-four hours in advance. The Chamber may revoke a recess decision. Immunity is suspended during qualifying public service or leave exceeding twenty days after convocation of the alternate; alternates receive protection during service and for twenty days afterwards. (Arts. 144–147; cf. 1953, Art. 76: “While immunity lasts they may not be arrested”).
Universal, direct voting elects two senators for each State and the Federal District, with additional minority-representation senators under law. Qualifying former Presidents also sit in the Senate. Senators must be Venezuelan by birth and over thirty. (Arts. 148–149; cf. 1953, Arts. 70, 74: “by the corresponding Asamblea Legislativa [Legislative Assembly] in the States and by the Concejo Municipal [Municipal Council] in the Distrito Federal [Federal District]”).
The Senate initiates treaty bills; authorizes specified national immovable sales, foreign distinctions, military missions and promotions, presidential foreign travel, and designated appointments; authorizes presidential prosecution after the Supreme Court’s finding of grounds; and grants Pantheon honours to illustrious Venezuelans twenty-five years after death. (Art. 150; cf. 1953, Art. 79: “Authorize the promotion of Officers of the Fuerzas Armadas Nacionales [National Armed Forces]”).
Universal, direct voting with proportional minority representation elects deputies under a statutory population base no greater than one per cent of the country’s total population. Each State elects at least two and each Territory one. Law determines alternates. Deputies must be Venezuelan by birth and over twenty-one. (Arts. 151–152; cf. 1953, Art. 69: “by universal, direct, secret vote, according to law”).
The Deputies initiate budget and tax bills. Ministerial censure is discussed only after two days; two-thirds of deputies present may decide that it entails removal and may additionally order prosecution. (Art. 153; cf. 1953, Art. 78(1): “The vote of censure shall entail removal when the Corte Federal [Federal Court] finds the Minister’s prosecution warranted”).
Ordinary sessions run from 2 March to 6 July and from 1 October to 30 November; in the final constitutional year they run from 2 March to 15 August. Joint Chambers may extend these periods by an absolute majority of their members. Extraordinary sessions address the convocation, connected matters, and matters declared urgent by either Chamber. Rules govern installation and commissions, with a quorum never below an absolute majority. Chambers install and close together and meet in one locality. (Arts. 154–157; cf. 1953, Arts. 65, 67: “one hundred days without extension”).
Each legislative body regulates proceedings and sanctions, qualifies members, considers resignations, organizes its police and budget, removes impediments, and executes its exclusive decisions. Temporary separation of a member requires two-thirds of those present. Exclusive acts are outside other powers’ veto, examination, or control, subject to constitutional excess-of-power review. (Arts. 158–159; cf. 1953, Art. 80: “Make its Internal and Debate Rules”).
Legislative bodies and commissions may investigate under their rules. Public officials, autonomous institutes, and private persons must appear and furnish information, with constitutional rights reserved and at least forty-eight hours’ notice of the subject. Investigations do not displace judicial powers; judges must take evidence commissioned by legislative bodies. (Arts. 160–161; cf. 1953, Art. 80(3–4): “after giving them at least three days’ advance notice”).
Co-legislative acts are laws and systematic compilations may be Codes. Organic laws comprise those constitutionally designated and those given that status by an absolute majority of each Chamber at the outset of consideration. Laws within their regulated subject matter must conform to them. (Arts. 162–163; cf. 1953, Art. 66: “shall be called “laws””).
Bills may begin in either Chamber subject to reserved initiative. Initiative belongs to the Delegated Commission, standing committees, the executive, at least three legislators, the Supreme Court for judicial organization and procedure, and at least twenty thousand identified electors. (Arts. 164–165; cf. 1953, Art. 85: “by their members or by the Poder Ejecutivo Nacional [National Executive Power]”).
Bills receive at least two discussions in each Chamber on different days in plenary sitting. Inter-chamber disagreements pass to joint session for majority resolution, including connected provisions and alternative wording. Two-thirds may declare urgency permitting one discussion in the receiving Chamber. Rejected bills may return in the same year’s sessions only if presented by an absolute majority of a Chamber; pending projects may continue in later sessions by the respective Chamber’s decision. (Arts. 166–169; cf. 1953, Art. 86: “three discussions”).
Ministers may speak on bills; the designated Supreme Court magistrate may speak on judicial organization and procedure. The legislative formula names the Congreso de la República de Venezuela [Congress of the Republic of Venezuela]. Enacted texts are duplicated, signed by the congressional officers, dated, and transmitted by the President of Congress for promulgation. (Arts. 170–172; cont., 1953, Arts. 88–89, 117, for ministerial speech, the legislative formula, and authenticated copies).
Within ten days the President promulgates or, with Council agreement, requests reasoned reconsideration of all or part of a law. Joint Chambers may revise connected provisions. A two-thirds decision is followed by promulgation within five days; a simple-majority decision permits one further presidential return, after which even a simple majority is definitive. Alleged unconstitutionality may be referred to the Supreme Court, which has ten days; rejection of the objection or expiry of that period requires promulgation within five days. (Art. 173; cf. 1953, Art. 90: “To maintain the original text of the legislative act, a two-thirds majority shall be required in each Chamber”).
Promulgation consists of official-gazette publication with the Cúmplase [Let it be complied with]. If the President omits timely promulgation, the congressional President and Vice-President promulgate in the national or congressional gazette, without prejudice to responsibility. The executive determines the time for promulgating treaty-approval laws. Laws repeal laws; a partial reform is published as one consolidated text. (Arts. 174–177; cf. 1953, Arts. 92–94: “through the President of the Republic’s Ejecútese [Let it be executed]”).
During recess, the Comisión Delegada [Delegated Commission] comprises the congressional President, Vice-President, and twenty-one other members with alternates, reflecting congressional political composition where possible. It supervises constitutional observance and guarantees, investigates, appoints special commissions, convokes extraordinary Congress, authorizes urgent public-service changes by two-thirds, additional credits, and presidential foreign travel, and reports its actions to Congress. (Arts. 178–180; new; 1953, Arts. 62–94: no corresponding permanent congressional recess commission).
Non-retroactivity, the lesser-penalty exception, immediate application of procedural law, and favourable assessment under the former law of criminal evidence already received continue. (Art. 44; cont., 1953, Art. 30).
ECO-HAC—Treasury
Everyone must contribute to public expenditure. National fiscal competence includes currency, customs, national taxes, and resource administration. The tax system seeks a just distribution of burdens according to economic capacity and progression, protection of the national economy, and higher living standards. Taxes and exemptions require law. Personal-service taxes are prohibited. Tax laws must fix a prior period; otherwise application waits sixty days after promulgation, subject to constitutional extraordinary powers. (Arts. 56, 136(7–10), 223–226; cf. 1953, Arts. 121–125: “after expiry of the period which must be fixed in each case”).
Expenditure requires a budget appropriation. Necessary unprovided or insufficiently funded expenditure may receive additional credits only with treasury resources, prior Council approval, and authorization of joint Chambers or the Delegated Commission. The executive presents the budget at the time set by organic law. Chambers may alter appropriations but cannot authorize expenditure above the project’s estimated receipts. (Arts. 153(1), 227–228; cf. 1953, Arts. 81(5), 126: “even if it has not been sanctioned by that date”).
The Situado distributes thirty per cent equally among States, the Federal District, and Territories and seventy per cent by population. Its initial minimum is twelve and a half per cent of estimated ordinary budget receipts, rising from the 1962 budget by at least half a percentage point annually to a definitive minimum of fifteen per cent. Organic law determines municipal participation. Law may coordinate investment with national plans and limit federal-entity and municipal remuneration; revenue reductions require proportional adjustment. (Art. 229; cf. 1953, Art. 127: “between 12.59 and 25 per cent”).
Autonomous institutes require law under the relevant organic law; institutes and state interests in other entities are subject to congressional control. Borrowing is confined to productive works unless evident national necessity or convenience warrants otherwise and requires a special authorizing law subject to organic-law exceptions. The State recognizes only obligations lawfully incurred by legitimate organs. Applicable national treasury rules extend to States and Municipalities. (Arts. 230–233; cf. 1953, Art. 108(14): “Negotiate the loans decreed by the Congreso Nacional [National Congress]”).
Qualifying national contracts require congressional approval. New hydrocarbon and designated natural-resource concessions require prior authorization by joint Chambers after full executive disclosure. Contracts with foreign States, official foreign entities, or non-domiciled companies, and transfers to them, require congressional approval; law may impose further conditions or guarantees. (Art. 126; cf. 1953, Art. 48: “No national, state, or municipal public-interest contract may be concluded with foreign governments or transferred to them.”).
Where compatible with a public-interest contract’s nature, the Venezuelan-court and no-foreign-claims clause is incorporated even if unstated. (Art. 127; cf. 1953, Art. 49: “the following clause shall be considered incorporated”).
The Contraloría General de la República [Office of the Comptroller General of the Republic] controls, supervises, and audits national receipts, expenditure, property, and related operations under law. Its functions may extend by law to autonomous institutes and state or municipal administrations without prejudice to their autonomy. It assists Congress and has functional autonomy. (Arts. 234–236; cf. 1953, Art. 95: “through a body named the Contraloría de la Nación [Office of the Comptroller of the Nation]”).
The Contralor General [Comptroller General] must be Venezuelan by birth, over thirty, and lay. Joint Chambers elect the officer within thirty days of the constitutional term; permanent vacancy entails a new election for its remainder, while law governs interim replacement. Annual and requested reports go to Congress, with further reports available to the executive. (Arts. 237–239; cf. 1953, Arts. 96–97: “a Deputy Comptroller shall be elected to serve as his assistant”).
The Senate authorizes qualifying national private-immovable sales. Presidential fiscal powers include treasury administration, national borrowing, authorized additional credits, lawful national contracts, and extraordinary economic or financial measures authorized by special law when public interest requires. (Arts. 150(2), 190(8), (12–15); cf. 1953, Art. 124: “the extraordinary powers granted to the Poder Ejecutivo Nacional [National Executive Power]”).
POW-EXE—Executive
The people exercise sovereignty through suffrage and organs of public power. Constitution and law delimit authority; usurpation and decisions compelled by subversive force are null. Branches have distinct functions and cooperate; abuse or illegality entails personal responsibility. National terms ordinarily last five years; national law fixes state and municipal terms between two and five years. (Arts. 4, 117–121, 135; cf. 1953, Arts. 40–42, 59: “The constitutional terms of Public Power shall last five years.”).
Law establishes the national administrative career and social-security incorporation; public employees serve the State and no political faction. A second paid post ordinarily entails resignation from the first, with the stated exceptions. Public servants may not contract with public entities except where law permits. Foreign offices, honours, and rewards require Senate authorization. (Arts. 122–125; cf. 1953, Arts. 45–47: “No one may hold more than one remunerated public appointment at the same time”).
International treaties and agreements require approval by special law unless they fall within the listed exceptions. The Delegated Commission may authorize urgent provisional execution subject to subsequent congressional decision. All international legal agreements must be reported to Congress. The peaceful-settlement clause applies where compatible with the agreement and its conclusion procedure. (Arts. 128–129; cf. 1953, Arts. 51, 81(3): “International treaties, conventions, or agreements whose urgency so requires may be provisionally executed”).
Executive power is exercised by the President and the other constitutionally or legally designated officers. The President heads the State and national executive. Eligibility requires Venezuelan birth, age over thirty, and lay status. Universal, direct voting elects by relative majority. (Arts. 181–183; cf. 1953, Art. 104: “at least three months before 19 April”).
Election to the presidency is barred to the serving President, one who served more than one hundred days during the preceding year, and the specified third-degree blood or second-degree affinity relatives. The listed ministerial, gubernatorial, and presidential-secretariat offices also disqualify during the nomination-to-election period. A President who served a full term or more than half may not return within ten years after its end. (Arts. 184–185; new; 1953, Arts. 103–107: no corresponding express presidential re-election exclusion or ten-year interval).
The President-elect takes the oath before joint Chambers within the stated ten-day period associated with their ordinary installation at the beginning of the term, or before the Supreme Court if necessary. If the President-elect does not assume office within that period, the outgoing President yields to the provisional successor designated in Article 187. The recension prints “designará sus poderes”. (Art. 186; cf. 1953, Art. 105: “the outgoing President shall continue in the exercise of power”).
Permanent vacancy before assumption of office entails a new universal, direct election on the date fixed by joint Chambers. Vacancy after assumption entails a secret congressional election within thirty days for the remainder of the term. Meanwhile the congressional President, its Vice-President, or the Supreme Court President acts, in that order. (Art. 187; cf. 1953, Art. 106: “the Minister who obtains an absolute majority of the votes of the Ministers in Cabinet”).
A designated minister fills temporary absence, followed where necessary by the ordinary permanent-vacancy successor. After ninety consecutive days, joint Chambers decide whether the vacancy is permanent. Presidential departure from national territory requires Senate or Delegated Commission authorization, including during the six months after leaving office. (Arts. 188–189; cf. 1953, Art. 107: “Temporary absences of the President of the Republic shall be filled by the Minister”).
Presidential functions comprise constitutional and legal enforcement, ministerial appointments, military authority and contingent levels, foreign relations and treaties, emergency and defence measures, authorized economic powers, extraordinary congressional convocation, legislative regulation, authorized urgent public-service changes, fiscal administration, contracts, designated appointments, governors’ conventions, messages, pardons, and other assigned powers. The listed functions require Council action; all presidential acts except ministerial appointments and supreme military authority require ministerial countersignature. (Art. 190; cf. 1953, Art. 108(18): “Reserve to himself the exercise of any Ministry”).
The annual political and administrative message is due within ten days of ordinary installation and sets out the national economic and social development plan’s lines. In the final year it is due within five days. Presidential responsibility follows constitutional and statutory law. (Arts. 191–192; cf. 1953, Arts. 109–110: “The President of the Republic is responsible for acts of his administration jointly with the Ministers”).
Ministers directly serve the President and together form the Council. A minister may preside in the President’s absence, but decisions then require presidential confirmation. Organic law organizes ministries and the Council; ministers of State may be appointed without a designated department. Ministers must be Venezuelan by birth, over thirty, and lay. Personal and joint responsibility applies despite express presidential orders, with recorded adverse votes excepted. (Arts. 193–196; cf. 1953, Arts. 111–115: “The Ministers of the National Executive Departments form the Cabinet.”).
Ministers submit reasoned annual reports, plans, and accounts within ten days of ordinary sessions, or five days in the final year. Congressional acceptance of reports or accounts does not discharge responsibility, and unprescribed acts remain investigable. Ministers may speak in Chambers and commissions and must answer summons and interpellations. (Arts. 197–199; cf. 1953, Arts. 116–117: “within the first days of ordinary sessions”).
POW-JUD—Judiciary
National competence includes justice, court organization, and the Ministerio Público [Public Ministry]. Judicial power resides in the Supreme Court and organic-law courts. Judges are autonomous and independent; law regulates judicial careers, suitability, stability, court organization, removal and suspension procedures, inspection, and supporting services. Other authorities must collaborate without impairing independence. (Arts. 136(23), 204–205, 207–210; cf. 1953, Art. 135: “inspection to be exercised by the Poder Ejecutivo Nacional [National Executive Power]”).
Contentious-administrative jurisdiction belongs to the Supreme Court and statutory courts. It may annul unlawful general or individual administrative acts, including misuse of power, award monetary compensation for administrative liability, and restore injured individual legal situations. (Art. 206; cf. 1953, Art. 133(9–10): “Hear in contentious proceedings all questions arising between the Nation and private persons”).
The Corte Suprema de Justicia [Supreme Court of Justice] is the highest court, with no appeal from its decisions. Statute determines its chambers and competence, each chamber having at least five magistrates. Magistrates must be Venezuelan-born lawyers over thirty, with further professional-experience requirements permitted by organic law. Joint Chambers elect them for nine years, renewing a third every three years; alternates and temporary replacements follow the specified rules. (Arts. 211–214; cf. 1953, Arts. 129–132: “for the respective constitutional term”).
The Supreme Court determines grounds for prosecuting the President, continuing to judgment after Senate authorization, and the other specified senior officers, with the stated ordinary-crime and political-offence routes. It annuls unconstitutional legislative and executive acts, reviews executive administrative acts, resolves conflicts of laws, intergovernmental controversies, and jurisdictional disputes, and hears cassation. The designated constitutional powers belong to the full Court, subject to the organic-law federal-chamber option. (Arts. 215–216; cf. 1953, Arts. 133–134: “The powers of the Corte Federal [Federal Court] are”).
Organic law must create the Consejo de la Judicatura [Council of the Judiciary] to secure judicial independence, efficacy, discipline, dignity, and career benefits, with appropriate representation of the other branches. (Art. 217; cf. 1953, Art. 135: “The organization and functioning of the Corte Federal [Federal Court] and of the Corte de Casación [Cassation Court]”).
The Ministerio Público [Public Ministry] supervises exact observance of Constitution and law under the Fiscal General de la República [Prosecutor General of the Republic] and statutory auxiliaries. The Fiscal must meet Supreme Court qualifications and is elected by joint Chambers within thirty days of each constitutional term; permanent vacancy entails a new election for its remainder, with other replacements governed by law. (Arts. 218–219; cf. 1953, Art. 136: “Procurador General de la Nación [Procurator General of the Nation]”).
The Ministerio Público [Public Ministry] protects constitutional rights, lawful and timely justice, proper criminal proceedings, human rights in detention, and official accountability; it brings the specified public criminal and liability actions, without displacing others’ rights and remedies. Authorities must collaborate. The Fiscal reports annually within thirty days of ordinary congressional sessions. (Arts. 220–222; cf. 1953, Art. 139: “The functions of the Ministerio Público [Public Ministry]”).
The Procuraduría General de la República [Office of the Procurator General of the Republic] separately represents and defends national patrimonial interests in and out of court, provides opinions and legal advice, and performs statutory duties with collaboration from other public legal services. Its head must meet Supreme Court qualifications and is appointed by the President with Senate authorization, or Delegated Commission authorization for a permanent vacancy in recess. The Procurator may speak in Council when invited. (Arts. 200–203; cf. 1953, Arts. 136–139: “The functions of the Ministerio Público [Public Ministry], the organization of the Procuraduría de la Nación [Office of the Procurator of the Nation], and the Procurator’s powers shall be determined by law.”).
POW-SUB—Subnational Government
States are autonomous and politically equal, preserve national independence and integrity, execute constitutional law and public acts, and may retain or change their names. Competence covers public powers, local organization, property and revenue, authorized public credit, urban and rural police, decentralized matters, and residual state matters. The specified customs, transit, pre-circulation, discriminatory, and livestock taxes are prohibited. (Arts. 16–18; cf. 1953, Arts. 11–12, 16–17: “It is within the competence of the States”).
Direct election with proportional minority representation forms the state Asamblea Legislativa [Legislative Assembly]; members meet deputy qualifications. The Assembly legislates, controls state administration, considers gubernatorial management, and sanctions the budget within the Governor’s revenue estimate. Members enjoy territorially limited immunity from ten days before sessions until ten days after their conclusion or departure from service. (Arts. 19–20; cf. 1953, Art. 13: “The Legislative Power of the States shall be exercised by a collegiate body named Asamblea Legislativa [Legislative Assembly].”).
The Governor heads state government and administration and acts as national executive agent. Venezuelan birth, age over thirty, and lay status are required. The Governor enforces law and national orders, appoints staff under career rules, and presents reports and budgets. A law admitted by two-thirds of joint Chambers may establish selection and removal and is exempt from presidential veto; meanwhile presidential appointment and removal continue. Legislative disapproval entails removal only when expressly approved by two-thirds of the Assembly. (Arts. 21–24; cf. 1953, Art. 108(10): “Appoint and remove the Governors of the States”).
Municipalities are the primary autonomous political units and have legal personality. Constitutional, national organic, and state law regulate their organization, with different lawful regimes permitted and democratic local government required. They may form Districts or associations for common purposes. Autonomy comprises election of authorities, management of local matters, and creation, collection, and investment of revenue; acts are challenged only judicially. (Arts. 25–29; cf. 1953, Art. 18: “Municipal Power shall be exercised in each District of the States”).
Municipal competence embraces local interests, property, revenue, urbanism, supplies, circulation, culture, health, social assistance, popular credit, tourism, and police. Law may assign exclusive matters and minimum services. Revenue includes property, services, licences, local taxes, fines, subsidies, donations, and lawful additional contributions. Ejidos remain inalienable and imprescriptible subject to construction and agrarian exceptions protecting urban development. Credit is permitted under law; specified taxes remain prohibited. (Arts. 30–34; cf. 1953, Arts. 20–21: “Municipalities may not contract loans abroad.”).
National law fixes state and municipal terms between two and five years. Two-thirds of each congressional Chamber may attribute specified national matters to States or Municipalities for administrative decentralization. National competence includes international action, national interests and symbols, naturalization, admission, extradition and expulsion of foreigners, identification and national police, federal-entity organization, the enumerated fiscal, legal, military, social, resource, and administrative subjects, and matters national by their nature. (Arts. 135–137; cf. 1953, Art. 60(29): “Every matter which this Constitution does not attribute to other powers”).
CON-AMD—Amending the Constitution
A constitutional amendment may originate with a quarter of one Chamber or a quarter of state legislatures, each acting by absolute majority after at least two discussions. It begins in ordinary sessions and may continue in the next extraordinary sessions. Congress follows legislative procedure and submits the amendment for state ratification. In the following year’s ordinary sessions, joint Chambers count the votes and sanction points ratified by two-thirds of legislatures. Amendments are numbered and printed after the Constitution, with cross-references rather than alteration of its text. (Art. 245; cf. 1953, Arts. 140–142: “two-thirds of them have considered the reform advisable”).
General reform requires initiative by a third of Congress or an absolute majority of state legislatures acting through the prescribed two-discussion absolute-majority agreements. Joint Chambers admit it by two-thirds of those present after at least three days’ notice. The project follows legislative procedure and then a referendum; a majority of voters throughout the Republic permits congressional sanction of the new Constitution. (Art. 246; new; 1953, Arts. 140–142: no corresponding referendum procedure for general constitutional reform).
Rejected amendment or reform initiatives cannot return during the same constitutional term. The President may not object and must promulgate within ten days, with congressional substitute promulgation on omission. Urgency provisions in ordinary lawmaking do not apply. (Arts. 247–249; new; 1953, Arts. 140–142: no corresponding express rules on renewed initiatives, presidential objections, or legislative urgency).
The Constitution retains force despite non-observance by force or purported repeal outside its own procedure. Citizens have a duty to help restore it. Those responsible and the specified subsequent officeholders are subject to constitutional judgment. Congress may order seizure of their assets and those of persons enriched under the usurpation, by absolute majority, to compensate the Republic. (Art. 250; new; 1953, Arts. 140–142; Final Provision: no corresponding constitutional-inviolability article).
Amendment No. 1 (1973)
The appended 1973 amendment bars election as President, senator, deputy, or Supreme Court magistrate after a final ordinary-court sentence exceeding three years’ imprisonment for offences committed in or in connection with public office. Any elector may appeal the competent body’s decision to the full Supreme Court, which must decide within ten days; the printed procedural clause reads “Esta apelación se oirá en un sólo efecto”. The amendment directs republication and notes to Articles 149, 152, 182, and 213. (Amendment No. 1, 1973, pp. 38–39).
Amendment No. 2 (1983)
The appended 1983 amendment authorizes distinct electoral systems for municipal councils and state legislatures; requires an organic pension law; sets 23 January for first-year ordinary installation; creates a twenty-three-member Legislative Commission and a defined bill-approval procedure; permits sittings with at least a third of members while requiring an absolute majority for voting; requires first-year approval of national development-plan lines; and provides transitional term adjustments and republication directions. These are later amendment provisions. (Amendment No. 2, 1983, pp. 39–40).
CIV-SUF—Suffrage
Voting is a right and public function and is compulsory within statutory limits. Venezuelans who have completed eighteen years may vote unless civilly interdicted or politically disqualified. Municipal voting may extend to foreigners under statutory residence and other conditions. Public-office eligibility requires literacy and age over twenty-one, subject to constitutional and statutory qualifications. Electoral law guarantees free, secret voting, proportional minority representation, independent electoral bodies without party predominance, and participating parties’ electoral supervision. (Arts. 110–113; cf. 1953, Art. 39: “Law shall determine the conditions and other modalities governing the exercise of suffrage”).
State legislative elections are direct with proportional minority representation; municipal autonomy includes election of authorities. Senators, deputies, and the President are elected universally and directly under their respective provisions. Birth nationality and the specified ages apply to national legislative and presidential eligibility. The absence of an express active-service voting prohibition is recorded under REG-MIL. (Arts. 19, 29, 148–149, 151–152, 182–183; cf. 1953, Art. 70: “Senators shall be elected by the corresponding Asamblea Legislativa [Legislative Assembly]”).
CIV-CIT—Citizenship
Birth nationality covers birth in the Republic; foreign birth to two Venezuelan-born parents; foreign birth to one Venezuelan-born parent followed by residence or declaration; and foreign birth to a naturalized Venezuelan parent followed by residence before eighteen and declaration before twenty-five. (Art. 35; cf. 1953, Art. 22: “Persons born aboard Venezuelan ships or aircraft outside another State’s jurisdiction”).
Naturalization is acquired by certificate, with special facilities for persons holding Spanish or Latin American nationality by birth. A foreign wife becomes Venezuelan by declaration, as do the specified resident foreign minors under the parental authority of a naturalized person or adopted by Venezuelans, upon declaration before twenty-five. (Arts. 36–37; cf. 1953, Art. 23: “Natives of Spain or Latin American States who are domiciled in the country and express their will to become Venezuelan”).
A Venezuelan wife retains nationality unless she declares otherwise and acquires her husband’s under his national law. Nationality is lost through voluntary acquisition or choice of another or judicial revocation of naturalization. Birth nationality is recovered by domicile and declaration or residence for at least two years. Authentic declarations may be made personally after eighteen or through a legal representative before that age. Law regulates acquisition, choice, loss, recovery, conflicts, and naturalization nullity. (Arts. 38–42; cf. 1953, Arts. 24, 26–27: “A Venezuelan woman marrying a foreigner shall retain Venezuelan nationality.”).
RTS-GAR—Rights
Free development of personality is protected within others’ rights and public and social order. Foreigners share rights and duties subject to exceptions, with political rights generally reserved; qualifying early-arriving naturalized residents receive birth-national rights. Rights-violating public acts are null and entail the stated official liability without excuse from manifestly unlawful superior orders. Public indemnity is confined to legitimate official action. Unenumerated inherent rights remain protected despite absence of implementing law. Duties cover national defence, lawful obedience, service, work, education, public contributions, and social solidarity. (Arts. 43, 45–47, 50–57; cf. 1953, Arts. 28, 31–34: “Everyone has the right to do what does not harm another”).
Officers restricting liberty must identify themselves when requested. Courts must protect every inhabitant’s constitutional rights through brief, summary amparo proceedings, with power immediately to restore the infringed legal situation. (Arts. 48–49; new; 1953, Arts. 28–37: no corresponding express identification duty or general constitutional amparo remedy).
Life, personal liberty, security, honour, reputation, and privacy are protected. Detention ordinarily requires a written order, with flagrancy excepted, access to the preliminary record and defence, and urgent police measures subject to prompt judicial control. Non-criminal civil imprisonment, incommunicado detention, torture, physical or moral abuse, compelled self-incrimination against oneself or the specified family members, perpetual or infamous penalties, repeated trials, and forced recruitment are prohibited. The maximum custodial penalty is thirty years; law governs military service and rehabilitative dangerousness measures. (Arts. 58–60; cf. 1953, Art. 35(2): “Be imprisoned or detained otherwise than according to law”).
The protected personal relationship expressly includes a person with whom the accused lives maritally. Notice and hearing precede conviction, with statutory trial in absence permitted for offences against public affairs. Release follows a competent release order or completed sentence, and bail for provisional liberty carries no tax. (Art. 60(4–6); cf. 1953, Art. 35(2)(c–e): “against his spouse or against his relatives”).
Equality prohibits discrimination by race, sex, belief, or social condition, hereditary distinctions, and identification marking filiation. The home is protected subject to prevention of crime, lawful judicial decisions, and sanitary visits with notice. Judicial seizure of correspondence requires legal formalities and protection of unrelated private matter; accounts remain inspectable. Movement is free subject to law; Venezuelans need no entry authorization and cannot be exiled except by commutation requested by the convicted person. Natural judges and pre-existing penalties are guaranteed. (Arts. 61–64, 69; cf. 1953, Art. 35(3–5), (8): “the competent authority”).
Expression through any medium is protected without prior censorship, subject to statutory criminal penalties. Anonymity, war propaganda, offences to public morals, and propaganda provoking legal disobedience are prohibited, with analysis and criticism of legal precepts preserved. The recension prints “Tampoco se permitir la propaganda de guerra”. (Art. 66; cf. 1953, Art. 35(7): “Freedom of expression of thought, with the limitations established by law”).
Petition carries a right to timely response; access to justice and defence throughout proceedings are protected, including assistance for those without sufficient means. Lawful association, assembly without prior permission, peaceful unarmed manifestation, and democratic political-party association are guaranteed. Political asylum is recognized under statute and international law. (Arts. 67–68, 70–71, 114–116; cf. 1953, Art. 35(10): “The rights of assembly, association, and union organization, according to law”).
The State protects associations serving human and social purposes, cooperatives, the family, marriage, unattachable family patrimony, and access to suitable housing. Maternity receives protection regardless of civil status. Children receive protection from conception through development, parental identification and support, safeguards against abandonment, exploitation, and abuse, and special legislation and institutions. Health protection, rural living conditions, and the special statutory protection and progressive incorporation of Indigenous communities are provided. (Arts. 72–77; cf. 1953, Art. 35(11): “Freedom and protection of work, according to law”).
Education is obligatory in the degree and conditions set by law and is a right supported by adequate state institutions and services. Official education is free at every level, subject to possible higher and specialized education exceptions for persons with means. Private teaching and institutions are free under state inspection and demonstrated competence. Education serves personality, democratic citizenship, culture, and solidarity; teachers receive professional protection. Law regulates qualifications and compulsory professional membership; the State protects cultural and historic wealth. (Arts. 55, 78–83; cf. 1953, Art. 35(13): “Freedom of teaching, with the limitations law establishes”).
Work is a duty and right and receives special protection; favourable statutory provisions are non-waivable. Ordinary maximum hours are eight daily and forty-eight weekly by day, seven daily and forty-two weekly by night, subject to exceptions and progressive reduction. Paid rest and holidays, fair and minimum wages, equal pay, profit participation, protected remuneration and social benefits, employment stability, seniority and unemployment benefits, and intermediary or contractor liability are prescribed. (Arts. 54, 84–89; cf. 1953, Art. 35(11): “Freedom and protection of work, according to law”).
Law favours collective negotiation and peaceful settlement, protects collective agreements and the permitted union clause, regulates unions with protection of organizers and directors, and recognizes strike subject to statutory public-service rules. Women and minors receive special protection. Progressive social security covers the enumerated employment, health, disability, old-age, death, unemployment, and family risks, with interim assistance for those lacking means. (Arts. 90–94; cf. 1953, Art. 35(10–11): “the right of union organization, according to law”).
The economic order rests on social justice, collective welfare, development, diversification, income growth, and economic sovereignty. Lawful gainful activity and private initiative are protected, subject to constitutional and statutory limits and measures against abusive economic practices. Monopolies are barred, temporary exclusive public-interest concessions are permitted, and industries or services may be reserved to the State. National planning, regulation, foreign-capital rules, Latin American economic integration, and representative economic consultation are provided. (Arts. 95–98, 107–109; cf. 1953, Arts. 35(12), 52–55: “rationalize and promote production and regulate the circulation and consumption of wealth”).
Property serves a social function under law. Intellectual creations receive statutory protection. Expropriation requires public utility or social interest, final judgment, and just indemnity; specified cases permit guaranteed deferred payment or compulsory bonds. Confiscation is confined to Article 250, with international-law measures concerning foreigners reserved. Concession lands revert without indemnity. Latifundia are declared contrary to social interest; law provides their elimination, peasant land endowment, and productive means. Natural resources are conserved for collective benefit. (Arts. 99–103, 105–106; cf. 1953, Art. 35(9): “through final judgment and payment of its price”).
The President may declare emergency for internal or external conflict or well-founded danger of it. Emergency, disturbances threatening peace, or grave economic or social circumstances permit restriction or suspension of guarantees, except life and Article 60(3), (7). Council decrees state grounds, guarantees, and territory and go to joint Chambers or the Delegated Commission within ten days. Restriction does not impair national organs. Revocation and termination follow the specified executive and legislative procedures. (Arts. 240–243; cf. 1953, Arts. 36–37: “In case of national or international emergency”).
Where imminent disturbances do not justify general restriction or suspension, the President in Council may order indispensable detention or confinement of suspects. Measures go to Congress or the Delegated Commission within ten days and cease immediately if unjustified; if approved, they may last no more than ninety days. (Art. 244; cf. 1953, Art. 36: “restrict or suspend, wholly or partly, citizens’ guarantees”).
REG-MIL—The Military
Military service is compulsory without class distinction; forced recruitment is prohibited. Civil and military authority cannot coincide except in the President as Commander-in-Chief. The armed forces are apolitical, obedient, non-deliberative, devoted to national defence, democratic institutions, and constitutional law, and may serve neither a person nor a political faction. Only the State may possess and use war armaments, which become national property without indemnity or proceedings. Other weapons and state or municipal police are regulated by law. (Arts. 53, 60(9), 131–134; cf. 1953, Art. 56: “a professional, impersonal, and apolitical institution”).
The Senate authorizes Venezuelan military missions abroad and foreign missions in Venezuela, and promotions from colonel or naval captain. Presidential powers include supreme hierarchical command, force contingents, and the necessary defence, territorial-integrity, and sovereignty measures in international emergency. (Arts. 150(4–5), 190(3–4), (7); cf. 1953, Art. 79(2): “from the ranks of Colonel or Naval Captain, both inclusive”).
The armed-forces provisions contain no express counterpart to the antecedent’s prohibition of active members’ voting, political-group membership, and political activities. (Arts. 110–113, 131–134, 148, 151, 183; cf. 1953, Art. 57: “may not exercise suffrage, belong to political groups, or participate in their activities”).
REG-REL—Religion
Religious belief and private or public worship are protected within public order and good morals. Worship remains subject to executive inspection under law. Belief cannot excuse legal disobedience or prevent another’s exercise of rights. The Patronato Eclesiástico [Ecclesiastical Patronage] remains statutory, with agreements or treaties permitted for Church–State relations. (Arts. 65, 130; cf. 1953, Arts. 35(6), 50: “No one may invoke religious beliefs or disciplines to evade compliance with the laws”).
Lay status is required for Governors, the President, ministers, and the Contralor General [Comptroller General]. Supreme Court, Fiscal, and Procurator qualifications contain no express lay-status requirement. (Arts. 21, 182, 195, 237; cf. 1953, Arts. 131, 137: “of lay status”).
ECO-INF—Infrastructure
National matters include resources, weights and measures, statistics, engineering and urbanism standards, public works, education, health coordination, agriculture and fisheries, housing, transport and ports, national roads and railways, communications, and the specified national legislation. National-resource companies’ transport infrastructure must serve the public under law. Natural resources are conserved; temporary mining concessions and the prohibition on alienating saltworks and island vacant lands apply, with special economic allocations to qualifying States. (Arts. 104–106, 136(10), (12–22), (24), 137; cf. 1953, Art. 60(17): “Only concessions may be granted, and only for a limited time”).
Municipalities retain local services, urbanism, and their revenues. National technical coordination and the specified urban tramway and traction-cable exceptions apply. Health services may be nationalized by law in the collective interest. Municipal land dispositions preserve the construction and agrarian-reform exceptions, with urban-development land protected. (Arts. 30–32, 136(14–21); cf. 1953, Art. 21(3): “except for construction and for purposes of agrarian reform”).
CON-FIN—Final Provisions
The separately enacted transitional provisions possess constitutional force and may be amended only through Title X. Article 252 repeals the constitutional order in force before promulgation. (Arts. 251–252; cf. 1953, Final Provision: “The Constitution of 5 July 1947 is repealed.”).
The existing municipal regime continues pending implementing legislation. Specified nationality declarations receive a one-year accommodation; existing Spanish and Latin American naturalization facilities and revocation rules continue pending law, with a six-month Supreme Court appeal against administrative revocation. (Transitory I–IV; cf. 1953, Transitory VIII: “The existing legal order remains in force”).
Pending the special amparo law, any person may seek habeas corpus before the competent criminal court of first instance. The custodian must report within twenty-four hours; the judge decides within ninety-six hours and may impose the specified security or thirty-day departure restriction. Mandatory superior review does not stay immediate execution. The recension prints a sixty-two-hour period for the superior court. (Transitory V; new; 1953, Arts. 28–37; Transitory III: no corresponding transitional habeas corpus procedure).
Pending procedural legislation, qualifying judicial-police authorities must bring a preventive detainee before the court within eight days. The court decides within ninety-six hours, extendible in grave and complex cases to eight days. Specified exile measures adopted from 23 January 1958 through 31 July 1960 may continue only within the current constitutional term; public-order detainees must be released or brought before courts within two months. (Transitory VI–VII; cf. 1953, Transitory III: “the measures he considers appropriate to preserve the security of the Nation in every form”).
The former-presidential Senate rule applies to the designated present and former officeholders. Legislators may return from unexcepted public posts during the next ordinary sessions. Existing criminal sanctions temporarily enforce legislative information demands. Pending treaty and tax bills may continue despite originating in the other Chamber. Joint Chambers elect the initial Delegated Commission and act where statute requires congressional authorization, approval, or sanction, unless legislative procedure is appropriate. (Transitory VIII–XIII; cf. 1953, Transitory II: “the Constituent Assembly shall proceed to organize Public Power”).
Existing judges continue for their statutory terms, subject to the Judicial Council’s one-year power of removal after summary investigation for grave misconduct or manifest incapacity. Existing Federal and Cassation Court members form the Supreme Court for the rest of the current term, installing within thirty days. Three autonomous chambers, the applicable organic laws, jurisdiction, alternates, and doubt-resolution procedures are specified. Initial later appointments are staggered for nine, six, and three years. (Transitory XIV–XV; cf. 1953, Transitory II: “The Corte Federal [Federal Court] shall assume all powers which belonged to the Corte Plena [Full Court] and to the Sala Federal [Federal Chamber].”).
The serving Procurator continues as Fiscal General through the present term and also performs Procurator functions until the presidential appointment. The Contralor [Comptroller] continues as Contralor General [Comptroller General]; the Subcontralor [Deputy Comptroller] and specified replacements continue pending organic law. The budget is temporarily due within fifteen days of ordinary sessions. (Transitory XVI–XVIII; cf. 1953, Transitory II: “The Procurador de la Nación [Procurator of the Nation] and his five alternates”).
The next national term begins on 2 March 1964; the Chambers install then, and Supreme Court elections occur within thirty days. Current state legislative and municipal terms end on 1 January 1964 unless renewed earlier by law. The presidential assumption reference is printed as “artículo 168”; Article 186 contains the assumption-of-office procedure. (Transitory XIX; cf. 1953, Transitory II: “the constitutional term beginning on 19 April 1953”).
Property covered by the specified 1958 decree and investigations of enrichment linked to conduct before 23 January 1958 passes to the national patrimony under the stated rules. The Procurator, Investigating Commission, and Supreme Court have designated functions, with appeal periods, procedures, repayment rules, third-party claims, and criminal actions preserved. The non-retroactivity rule is expressly inapplicable to the measures; Transitory XXII prints its personal reference as “disposición decimaoctava”. (Transitory XX–XXII; new; 1953, Transitory I–VIII: no corresponding transitional patrimonial-recovery procedure).
Existing law remains until competent modification or repeal or express or implied constitutional displacement. (Transitory XXIII; cont., 1953, Transitory VIII).
The Constitution is dated 23 January 1961 at the Palacio Federal Legislativo [Federal Legislative Palace] in Caracas, year 151 of Independence and 102 of Federation. Raúl Leoni signs as congressional President and Rafael Caldera as Vice-President, with the listed legislators and secretaries. The Salón Elíptico del Palacio Federal [Elliptical Hall of the Federal Palace] execution order bears the same date, Rómulo Betancourt’s signature, and ministerial countersignatures. The separately enacted transitional text bears the same date. (Closing and execution formulas, pp. 32–33; cf. 1953, Closing and execution formulas, pp. 20–21: “Caracas, 15 April 1953”).
Recension
Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).
Constitution of 1961: https://cidep.online/files/constituciones/1961.pdf
