Posts Tagged ‘Constitutional Rights’

“Unmasking Disappointment:  Series XXIII”

October 27, 2026

“Geometric Allegory” digital painting (2023) by Ricardo Morin (American visual artist, born in Venezuela, 1954)

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


25) The Constitution of 1999

The 1999 Constitución de la República Bolivariana de Venezuela [Constitution of the Bolivarian Republic of Venezuela] was approved by the Venezuelan people through constituent referendum on 15 December 1999 and proclaimed by the Asamblea Nacional Constituyente [National Constituent Assembly] in Caracas on 20 December 1999, as recorded in the constitutional closing.  Its final provision makes official-gazette publication, after referendum approval, the condition of commencement.  The closing and compliance formulas name the Constituent Assembly and its President; their printed name variants are recorded under CON-FIN.  The CIDEP recension also reproduces five later amendment readings in footnotes, identified separately under CON-AMD. (CIDEP 1999, Final Provision and closing and compliance formulas, pp. 66–67; amendment notes 1–5, pp. 28–29, 32, 36, 41).

DOC-PRE—Preamble

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

“The people of Venezuela, in exercise of their creative powers and invoking the protection of God, the historical example of our Liberator Simón Bolívar, and the heroism and sacrifice of our Indigenous ancestors and of the precursors and founders of a free and sovereign country;

“For the supreme purpose of refounding the Republic to establish a democratic, participatory, multiethnic, and pluricultural society in which the people take the leading role, within a federal and decentralized State of justice that consolidates the values of liberty, independence, peace, solidarity, the common good, territorial integrity, coexistence, and the rule of law for this and future generations; secures the rights to life, work, culture, education, social justice, and equality without discrimination or subordination of any kind; promotes peaceful cooperation among nations and advances and consolidates Latin American integration in accordance with non-intervention and the self-determination of peoples, the universal and indivisible guarantee of human rights, the democratization of international society, nuclear disarmament, ecological balance, and legally protected environmental interests as the common and irrenounceable patrimony of humanity;

“In exercise of their original power, represented by the National Constituent Assembly through free voting and democratic referendum, decree the following Constitution.”

(CIDEP 1999, p. 4, preamble; cf. 1961, preamble, p. 4:  “in representation of the Venezuelan people, for whom it invokes the protection of Almighty God”).

FND-TER—Territory

The República Bolivariana de Venezuela [Bolivarian Republic of Venezuela] is irrevocably free and independent, with its moral patrimony and values of liberty, equality, justice, and international peace founded upon the doctrine of Simón Bolívar.  Independence, liberty, sovereignty, immunity, territorial integrity, and national self-determination are irrenounceable national rights.  The Republic is a decentralized federal State governed by territorial integrity, cooperation, solidarity, concurrence, and shared responsibility. (Arts. 1, 4; cf. 1961, Arts. 1–2:  “The República de Venezuela [Republic of Venezuela] is a Estado Federal [Federal State], in the terms established by this Constitution.”).

The national symbols are the yellow, blue, and red flag, the anthem Gloria al bravo pueblo, and the republican coat of arms, with characteristics, meanings, and uses prescribed by law.  Castilian remains official; Indigenous languages also have official use for Indigenous peoples and are to be respected throughout the Republic as national and human cultural patrimony. (Arts. 8–9; cf. 1961, Arts. 5–6:  “The official language is Castilian.”).

Territory and geographical spaces derive from the Capitanía General de Venezuela [Captaincy General of Venezuela] before the transformation initiated on 19 April 1810, subject to treaties and arbitral awards not vitiated by nullity.  Sovereignty covers the enumerated continental, insular, lacustrine, fluvial, maritime, aerial, subterranean, and resource spaces.  The insular enumeration names Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, Margarita, Cubagua, Coche, Los Frailes, La Sola, Los Testigos, Patos, and Aves, together with the specified existing or emerging islands, islets, cays, and banks.  Exclusive rights over the contiguous zone, continental shelf, and exclusive economic zone follow international law and statute; rights in overlying outer space and common human patrimony follow agreements and national legislation. (Arts. 10–11; cf. 1961, Art. 7:  “with the modifications resulting from treaties validly concluded by the Republic”).

National territory may not be ceded, transferred, leased, or alienated, even temporarily or partly, to foreign States or other subjects of international law.  Venezuelan geographical space is a zone of peace without foreign military bases or installations having military purposes.  Reciprocal acquisition of diplomatic or consular premises is permitted within the legally designated area, with sovereignty reserved.  Vacant lands in federal dependencies and fluvial or lacustrine islands cannot be alienated or granted in a manner transferring ownership. (Art. 13; cf. 1961, Art. 8:  “to a foreign power”).

Statute establishes a special regime for territories incorporated through their inhabitants’ free determination and National Assembly acceptance.  The State must maintain an integral land, island, and maritime frontier policy protecting territorial integrity, sovereignty, security, defence, national identity, diversity, and the environment; an organic frontier law determines responsibilities and objectives, with special economic allocations suited to each frontier region. (Arts. 14–15; cf. 1961, Art. 15:  “and with the acceptance of Congress”).

Territory comprises States, the Distrito Capital [Capital District], federal dependencies, and federal territories, organized in municipalities.  Organic law regulates political and territorial division, municipal autonomy, and decentralization; creation of federal territories within States requires an approving referendum in the affected entity.  Special law may elevate all or part of a territory to statehood.  Federal dependencies are maritime islands outside a State and islands forming or appearing in the territorial sea or above the continental shelf.  Caracas is the capital and national seat, without excluding national functions elsewhere; special law establishes a two-level metropolitan municipal government integrating the Distrito Capital [Capital District] municipalities and the corresponding Miranda municipalities. (Arts. 16–18; cf. 1961, Arts. 9–14:  “the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies]”).

POW-LEG—Congress

The Asamblea Nacional [National Assembly] comprises deputies elected in each federal entity by universal, direct, personalized, secret voting with proportional representation.  The population base is 1.1 per cent of the country’s total population, with three additional deputies per entity and three Indigenous deputies elected according to law and their traditions.  Each deputy has an alternate chosen in the same process.  Deputies serve five years and, in the main text, may be re-elected for at most two consecutive terms.  The later amendment readings are recorded separately under CON-AMD. (Arts. 186, 192; cf. 1961, Arts. 135, 138, 151:  “Legislative Power is exercised by Congress, comprising two Chambers:  the Senate and the Cámara de Diputados [Chamber of Deputies].”).

A deputy must be Venezuelan by birth or naturalized with at least fifteen years’ residence in Venezuela, over twenty-one, and resident for four consecutive years in the represented entity before election.  The National Assembly’s President and Vice-Presidents must be Venezuelan by birth without another nationality. (Arts. 41, 188; cf. 1961, Art. 152:  “To be a Deputy it is required to be Venezuelan by birth and over twenty-one years of age.”).

The listed executive, autonomous-institute, state-enterprise, gubernatorial, and comparable capital officers are ineligible until three months after final separation; other remunerated public officers are subject to the stated electoral-jurisdiction rule and exceptions, with further organic-law exclusions permitted.  Deputies may not own, administer, or direct companies contracting with state legal persons, or pursue private gainful claims before them, and must abstain in economic conflicts of interest.  Acceptance or exercise of public office forfeits legislative investiture, apart from the specified non-exclusive teaching, academic, incidental, or assistance activities. (Arts. 189–191; cf. 1961, Art. 141:  “Senators and Deputies may accept office as Minister, Secretary of the Presidency of the Republic, Governor, head of diplomatic mission, or President of an Autonomous Institute without losing their investiture.”).

The Assembly legislates on national matters, controls government and national administration, promotes participation, decrees amnesties, approves budgets, taxation, borrowing, additional credits, development-plan lines, designated contracts, treaties, appointments, foreign distinctions, military missions, national immovable sales, and qualifying presidential travel.  It protects state interests and autonomy, grants Pantheon honours after twenty-five years, regulates its proceedings and internal security, qualifies members, considers resignations, and administers its own budget and organization.  Temporary separation of a deputy requires two-thirds of those present.  Constitutional reform and censure follow the separate rules recorded below. (Arts. 187(1–9), (11–24); cf. 1961, Arts. 139, 150, 153, 158:  “Congress shall legislate on matters of national competence and on the functioning of the different branches of Poder Nacional [National Power].”).

A censure motion against the Executive Vice-President or a minister is discussed only after two days.  Article 187(10) specifies three-fifths of deputies for removal, and Art. 240 specifies three-fifths of the Assembly’s membership for vice-presidential censure.  Article 246 specifies three-fifths of members present for ministerial censure.  Removal bars the officer from either executive vice-presidential or ministerial office for the remainder of the presidential term.  The consequence of three vice-presidential removals is recorded under POW-EXE. (Arts. 187(10), 240, 246; cf. 1961, Art. 153(2):  “by two-thirds of the Deputies present”).

The Assembly appoints standing, ordinary, special, and temporary investigative commissions.  No more than fifteen standing commissions correspond to national sectors; their creation or suppression requires two-thirds of the membership.  The Assembly annually elects its President and two Vice-Presidents from its members, and a secretary and deputy secretary from outside.  During recess the Comisión Delegada [Delegated Commission] comprises those presiding officers and the standing-commission presidents.  It convokes extraordinary sessions, authorizes presidential travel, additional credits, and urgent public-service changes, appoints temporary commissions, and investigates; public-service authorization requires two-thirds. (Arts. 193–196; cf. 1961, Arts. 178–180:  “a Commission comprising the President, Vice-President, and twenty-one members of Congress”).

Deputies serve exclusively in the people’s interest, maintain contact with electors, report annually, and are subject to recall; a recalled deputy may not seek elective office in the following term.  They are not responsible for votes and opinions expressed in office, answering to electors and the legislative body under the Constitution and rules.  They represent the people and States collectively, remain subject to conscience rather than instructions, and vote personally. (Arts. 197–199, 201; cf. 1961, Art. 142:  “They shall answer only before the respective body according to this Constitution and the rules.”).

Immunity runs from proclamation until the mandate or resignation ends.  The Tribunal Supremo de Justicia [Supreme Tribunal of Justice] has exclusive cognizance of alleged offences and alone may, with prior Assembly authorization, order detention and continue prosecution.  Flagrancy entails custody at the deputy’s residence and immediate notice to the Tribunal.  Officials violating immunity incur criminal responsibility. (Art. 200; cf. 1961, Art. 143:  “until twenty days after the conclusion of the mandate or resignation”).

Laws are acts enacted by the Assembly as legislator; systematic compilations may be Codes.  Organic laws comprise constitutionally designated laws and laws organizing public powers, developing constitutional rights, or providing frameworks for other laws.  Admission of bills not constitutionally designated as organic requires two-thirds of those present; the same qualified vote applies to modification of organic laws.  The Sala Constitucional [Constitutional Chamber] reviews the organic character within ten days before promulgation.  Enabling laws require three-fifths of the membership and prescribe the guidelines, purposes, subject framework, and period of presidential delegation with the rank and force of law. (Arts. 202–203; cf. 1961, Art. 163:  “by an absolute majority of the members of each Chamber”).

Legislative initiative belongs to the executive, Delegated and standing commissions, at least three deputies, the Tribunal Supremo [Supreme Tribunal] on judicial matters, Citizen Power on its organs, Electoral Power on elections, at least 0.1 per cent of registered electors, and state Legislative Councils on state matters.  Elector-initiated bills must begin discussion by the following ordinary session or go to an approving referendum.  States must be consulted through their Legislative Councils on legislation concerning them, with statutory civil-society consultation mechanisms. (Arts. 204–206; cf. 1961, Art. 165(5):  “to a number of electors not below twenty thousand”).

Bills receive two discussions on different days.  First discussion examines reasons, objectives, scope, viability, and articles, followed by a commission report within thirty consecutive days.  Second discussion proceeds article by article; amendments return to commission for incorporation within fifteen consecutive days, and the plenary resolves remaining discrepancies by majority.  Pending bills may continue in later or extraordinary sessions.  Consultation extends to state organs, citizens, and organized society; designated executive, judicial, citizen, electoral, state, and social representatives may speak under the rules. (Arts. 207–211; cf. 1961, Art. 166:  “in each Chamber no fewer than two discussions, on different days and in plenary Chamber”).

The legislative formula names the Asamblea Nacional de la República Bolivariana de Venezuela [National Assembly of the Bolivarian Republic of Venezuela].  Enacted texts are made in duplicate with final wording, the definitive approval date, and signatures of the President, two Vice-Presidents, and secretary; the President of the Assembly sends one copy for promulgation. (Arts. 212–213; cf. 1961, Arts. 171–172:  “The Congreso de la República de Venezuela [Congress of the Republic of Venezuela]”).

Within ten days of receipt the President promulgates or, with Council agreement, requests reasoned changes or removal of sanction in whole or part.  An absolute majority of deputies present resolves the request; the returned law must be promulgated within five days without further observations.  An unconstitutionality objection goes within the ten-day period to the Sala Constitucional [Constitutional Chamber], which has fifteen days to decide.  Rejection of the objection or expiry of the judicial period requires promulgation within five days. (Art. 214; cf. 1961, Art. 173:  “The Chambers in joint session shall decide upon the points raised by the President of the Republic”).

Promulgation is publication with the Cúmplase [Let it be complied with] in the Gaceta Oficial de la República Bolivariana de Venezuela [Official Gazette of the Bolivarian Republic of Venezuela].  Upon presidential omission, the Assembly President and both Vice-Presidents promulgate, without prejudice to responsibility.  The executive determines treaty-approval promulgation under international usage and national convenience.  Laws are repealed by laws and abrogated by referendum subject to constitutional exceptions; partial reform is published as a consolidated text. (Arts. 215–218; cf. 1961, Art. 177:  “Laws are repealed only by other laws”).

Ordinary sessions run from 5 January or the nearest following day through 15 August, and from 15 September or the nearest following day through 15 December.  Extraordinary sessions concern the convocation, connected matters, and matters declared urgent by a majority of the membership.  Rules govern installation, sessions, and commissions; the quorum may never be below an absolute majority of the membership. (Arts. 219–221; cf. 1961, Art. 154:  “on 2 March of each year or the nearest following day and shall last until the following 6 July”).

Legislative control operates through interpellations, investigations, questions, authorizations, approvals, and other lawful mechanisms.  The Assembly may declare political responsibility and request Citizen Power proceedings.  Public officers and private persons must supply information and documents and appear before commissions, with constitutional rights reserved.  Investigation does not displace other public powers; judges must take evidence commissioned by the Assembly or its commissions. (Arts. 222–224; cf. 1961, Art. 160:  “with no less than forty-eight hours’ notice”).

ECO-HAC—Treasury

Everyone must contribute through statutory taxes, charges, and contributions.  National fiscal competence comprises central banking, currency, exchange, finance, capital markets, specified taxes, customs, and fiscal coordination and harmonization.  The system seeks just distribution according to capacity and progression, economic protection, and higher living standards through efficient collection.  Taxes and incentives require law; confiscatory taxation and personal-service payment are barred.  Tax laws fix commencement, otherwise sixty consecutive days apply.  Evasion may be criminally punished, with double punishment for public officers; the national tax administration has technical, functional, and financial autonomy. (Arts. 133, 156(11–15), (21), 316–317; cf. 1961, Arts. 223–226:  “No tax payable in personal service may be established.”).

State revenue comprises property, services, sanctions, fiscal instruments, the Situado Constitucional [constitutional revenue allocation], assigned taxation, transfers, and interterritorial compensation.  The Situado has a maximum of twenty per cent and a minimum of fifteen per cent of estimated ordinary national revenue, subject to the stated financial-sustainability conditions.  Thirty per cent is distributed equally among States and the Distrito Capital [Capital District], and seventy per cent by population.  States invest at least half their share; municipalities receive at least twenty per cent of the State’s Situado and other ordinary revenue.  National budget changes require proportional adjustment. (Art. 167; cf. 1961, Art. 229:  “until reaching a definitive minimum of fifteen per cent (15%)”).

Municipal revenue includes property and ejidos [municipal common lands], service and licence charges, economic-activity, urban-property, vehicle, spectacle, lawful gambling, advertising, land-value increment, and rural-land taxation, transfers, sanctions, and other lawful receipts.  Municipal taxing power is distinct from national or state regulatory powers.  Other territorial entities’ tax immunities extend to their state legal persons, but not concessionaires or contractors.  States and municipalities may not create reserved customs or transit levies, tax goods before local circulation, or discriminate against outside goods; agriculture, livestock, fisheries, and forestry taxation follows national law. (Arts. 179–180, 183; cf. 1961, Arts. 31, 34:  “with taxes other than ordinary retail-commerce taxes”).

Autonomous institutes require law and public interests in entities are subject to state control.  National law determines the creation of functionally decentralized entities undertaking social or business activities, so as to secure reasonable economic and social productivity of invested public resources. (Arts. 142, 300; cf. 1961, Art. 230:  “Autonomous institutes may be created only by law and in conformity with the respective Organic Law.”).

National public-interest contracts require Assembly approval where law prescribes; municipal, state, or national contracts with foreign States, official foreign entities, or non-domiciled companies, and transfers to them, require Assembly approval.  Law may impose nationality, domicile, other conditions, or guarantees.  The Venezuelan-court and no-foreign-claims clause remains incorporated where compatible with the contract’s nature.  The Assembly authorizes qualifying alienation of national private immovables, and the President concludes national-interest contracts under the Constitution and law.  Article 150 contains no corresponding separate authorization sentence on new hydrocarbon concessions. (Arts. 150–151, 187(9), (12), 236(14); cf. 1961, Art. 126:  “the granting of new hydrocarbon concessions”).

Fiscal management follows efficiency, solvency, transparency, responsibility, and balance within a multi-year framework whose expenditure and debt ceilings require legislative sanction.  Ordinary revenue must cover ordinary expenditure; subsurface-resource income is directed towards productive investment, education, and health.  Applicable principles extend to States and municipalities.  Law limits borrowing prudently, and special authorizing legislation accompanies the annual budget, subject to organic-law exceptions.  Only obligations lawfully incurred by legitimate national organs are recognized.  Presidential powers include treasury administration and negotiation of national loans. (Arts. 311–312, 236(11–12); cf. 1961, Arts. 231–233:  “Loans shall not be contracted except for productive works”).

The annual budget requires law; failure to submit it on time or legislative rejection continues the existing budget.  The Assembly may alter appropriations but may not reduce public receipts or authorize expenditure above the project’s estimates.  Unprovided or insufficiently funded necessary expenditure requires available treasury resources, prior Council approval, and Assembly or Delegated Commission authorization.  Public budgets identify objectives, expected results, responsible officers, and practicable performance indicators.  The executive renders budget-execution accounts and balances within six months after year-end. (Arts. 313–315, 187(6–7), 196(3), 236(13); cf. 1961, Art. 228:  “but shall not authorize expenditure exceeding the revenue estimates of the respective Budget Bill”).

The Banco Central de Venezuela [Central Bank of Venezuela] exercises national monetary competence exclusively and obligatorily, with public legal personality and policy autonomy.  Its fundamental object is price stability and preservation of the currency’s internal and external value.  The unit is the bolívar; a treaty-based common Latin American and Caribbean currency may be adopted.  Functions include monetary and exchange policy, currency, credit, interest rates, and international reserves, coordinated with general economic policy. (Art. 318; new; 1961, Art. 136(7):  no corresponding constitutional organization of the Central Bank).

The Central Bank reports policies, goals, results, and macroeconomic variables to the Assembly, undergoes comptroller and banking supervision and external audit, and submits its operating budget for legislative approval.  Unjustified failure of objectives may entail directors’ removal and administrative sanctions.  The Bank is not subordinate to executive directives and may not validate or finance deficit fiscal policies.  An annual published agreement coordinates finance-ministry and Bank policies and accountability.  Statute establishes a macroeconomic stabilization fund protecting public expenditure against ordinary-revenue fluctuations. (Arts. 319–321; new; 1961, Arts. 223–239:  no corresponding Central Bank accountability, macroeconomic-policy agreement, or stabilization-fund provisions).

The Contraloría General de la República [Office of the Comptroller General of the Republic] is an autonomous organ of Citizen Power controlling public receipts, expenditure, assets, debt, and related operations.  It inspects, investigates, makes objections, imposes lawful administrative sanctions, requests prosecution, and evaluates management.  The Contralor [Comptroller] serves seven years, must be Venezuelan by birth without another nationality, over thirty, and demonstrably qualified and experienced.  Appointment follows the Citizen Power procedure recorded under POW-JUD; organization and the national fiscal-control system follow law. (Arts. 273, 279, 287–290; cf. 1961, Arts. 234–239:  “is an auxiliary organ of Congress in its control of the Hacienda Pública [Public Treasury]”).

The Contraloría General de la Fuerza Armada Nacional [Office of the Comptroller General of the National Armed Force] forms part of the national control system and audits armed-forces receipts, expenditure, and assets without diminishing the national Contraloría’s competence.  Its head is chosen through a competitive examination; organization follows law. (Art. 291; new; 1961, Arts. 234–239:  no corresponding constitutional organization of a separate armed-forces comptroller).

POW-EXE—Executive

Venezuela constitutes a democratic and social State of Law and Justice, with the enumerated human, democratic, ethical, and pluralist values.  State purposes comprise human dignity and development, democratic popular will, justice, peace, prosperity, welfare, and constitutional guarantees; education and work are fundamental means.  Sovereignty belongs inalienably to the people, exercised directly under the Constitution and law and indirectly through suffrage.  Government is democratic, participatory, elective, decentralized, alternating, responsible, pluralist, and subject to recall.  The Constitution is supreme and binds all persons and state organs.  Art. 2 ends with the printed word “de”. (Arts. 2–3, 5–7; cf. 1961, Arts. 3–4:  “democratic, representative, responsible, and alternating”).

Public power is distributed among municipal, state, and national orders; national power is divided into legislative, executive, judicial, citizen, and electoral branches, with distinct functions and cooperation.  Constitutional and statutory competence binds public organs.  Usurpation is ineffective and its acts null; abuse, misuse of power, and constitutional or legal violation entail individual responsibility.  The State bears patrimonial responsibility for injuries attributable to public administration. (Arts. 136–140; cf. 1961, Arts. 117–121, 135:  “Each branch of Poder Público [Public Power] has its own functions”).

Public administration serves citizens under honesty, participation, promptness, efficacy, efficiency, transparency, accountability, responsibility, and submission to law.  Citizens may obtain timely truthful information about proceedings affecting them and final decisions, and access administrative archives subject to lawful democratic limits protecting security, criminal investigation, and privacy.  Officials reporting matters within their responsibility may not be censored. (Arts. 141, 143; cf. 1961, Art. 122:  “Public employees serve the State and no faction.”).

A public-service statute regulates entry, advancement, transfer, suspension, retirement, qualifications, and social security.  Political affiliation cannot determine appointment or removal.  Career entry follows public competition and merit, subject to the enumerated exceptions.  Remuneration must be budgeted; law regulates scales, limits, and pensions.  A second paid public post ordinarily entails resignation from the first, with specified exceptions; multiple pensions require express legal permission.  Public contracting by servants is barred except under law, and foreign offices, honours, and rewards require Assembly authorization. (Arts. 144–149; cf. 1961, Arts. 122–125:  “without the corresponding prior Senate authorization”).

International relations follow sovereignty, popular interests, independence, equality, self-determination, non-intervention, peaceful settlement, cooperation, human rights, and emancipatory solidarity.  Latin American and Caribbean integration may involve treaty-based exercise of powers by supranational organizations; integration rules become directly and preferentially applicable domestic law.  Treaties require Assembly approval before presidential ratification, subject to the listed exceptions for existing obligations, recognized principles, ordinary relations, or express statutory powers.  Compatible peaceful-settlement clauses remain required. (Arts. 152–155; cf. 1961, Arts. 108, 128–129:  “The Republic shall favour Latin American economic integration.”).

Executive power is exercised by the President, Executive Vice-President, ministers, and other designated officers.  The President heads the State and national executive and directs government.  Eligibility requires Venezuelan birth, no other nationality, age over thirty, lay status, no final criminal conviction, and other constitutional requirements.  Universal, direct, secret voting elects the candidate with the greatest number of valid votes.  Service as Executive Vice-President, minister, Governor, or mayor at nomination or before election disqualifies. (Arts. 225–229; cf. 1961, Arts. 181–184:  “nor his relatives within the third degree of consanguinity or second of affinity”).

The main text fixes a six-year presidency and permits immediate re-election once for a further term.  The separately reproduced 2009 amendment reading is recorded under CON-AMD. (Art. 230; cf. 1961, Arts. 135, 185:  “within the ten years following the termination of his mandate”).

The elected President takes office on 10 January of the term’s first year by oath before the Assembly or, for a supervening impediment, before the Tribunal Supremo [Supreme Tribunal].  The President is responsible for official acts and obligations and must protect rights, independence, territorial integrity, sovereignty, and defence; exception does not alter executive responsibility.  A personal annual political, economic, social, and administrative message is due within ten days after ordinary Assembly installation. (Arts. 231–232, 237; cf. 1961, Arts. 186, 191–192:  “personally or through one of the Ministers”).

Permanent presidential absence comprises death, resignation, judicial removal, medically certified permanent incapacity approved by the Assembly, abandonment declared by the Assembly, and popular recall.  Before assumption of office, a new universal, direct, secret election must occur within thirty consecutive days and the Assembly President acts meanwhile.  During the first four years, election follows within thirty consecutive days and the Executive Vice-President acts pending assumption; the elected successor completes the term.  During the final two years the Executive Vice-President completes it. (Art. 233; cf. 1961, Art. 187:  “shall proceed within the following thirty days to elect a new President by secret vote in an expressly convoked joint session”).

The Executive Vice-President supplies temporary presidential absence for up to ninety days, extendible by the Assembly for ninety more.  After ninety consecutive days the Assembly decides by a majority of its members whether the absence is permanent.  Presidential travel abroad requires Assembly or Delegated Commission authorization when exceeding five consecutive days. (Arts. 234–235; cf. 1961, Arts. 188–189:  “The President, or whoever acts in his place, may not leave National Territory without authorization of the Senate or Comisión Delegada [Delegated Commission].”).

Presidential powers comprise constitutional and statutory enforcement, direction of government, executive appointments, foreign relations and treaties, military command, exception measures, enabling-law decrees, extraordinary legislative convocation, regulation without altering legislative spirit, purpose, or reason, fiscal administration, contracts, specified appointments, special messages, the development plan, pardons, executive organization, constitutionally permitted Assembly dissolution, referendums, and defence consultation.  The enumerated functions require Council action; acts other than ministerial and vice-presidential appointment or removal and supreme hierarchical military authority require vice-presidential and relevant ministerial countersignature. (Art. 236; cf. 1961, Art. 190:  “Issue extraordinary measures in economic or financial matters”).

The Executive Vice-President is the President’s direct organ and immediate collaborator, must possess presidential qualifications, and may have no blood or affinity relationship with the President.  Functions include governmental collaboration, administrative coordination, proposals for ministers, authorized Council presidency, legislative relations, presidency of the Consejo Federal de Gobierno [Federal Council of Government], residual appointments, temporary presidential substitution, delegated powers, and statutory duties.  The officer bears constitutional and legal responsibility. (Arts. 238–239, 241; new; 1961, Arts. 181–199:  no corresponding permanent Executive Vice-Presidency).

Three Executive Vice-Presidents removed by censure within one constitutional term empower the President to dissolve the Assembly.  Dissolution calls elections for a new legislature within sixty days and is unavailable during the Assembly’s final year. (Arts. 240, 236(21); new; 1961, Arts. 138–199:  no corresponding presidential power to dissolve the legislature following vice-presidential censures).

The President, Executive Vice-President, and ministers form the Council.  The Vice-President may preside by authorization in the President’s absence, with presidential ratification of decisions.  Participating members are jointly responsible unless their adverse vote is recorded.  Ministers of State may advise without a designated department.  Ministers require Venezuelan nationality and age over twenty-five, subject to constitutional exceptions.  Reasoned departmental reports are due within the first sixty days of each year.  Ministers may speak but not vote in the Assembly and commissions; censure follows the distinct thresholds recorded under POW-LEG. (Arts. 242–246; cf. 1961, Arts. 193–199:  “to be Venezuelan by birth, over thirty years of age, and of lay status”).

The Consejo de Estado [Council of State] is the government’s and national administration’s highest consultative organ for policies on nationally important matters referred by the President.  The Executive Vice-President presides, with five presidential designees, one representative each of the Assembly and Tribunal Supremo [Supreme Tribunal], and a Governor selected by the Governors collectively.  Law determines functions and powers. (Arts. 251–252; new; 1961, Arts. 181–203:  no corresponding constitutional Council of State).

POW-JUD—Judiciary

Judicial authority emanates from citizens and is administered in the Republic’s name under law.  The justice system comprises the Tribunal Supremo de Justicia [Supreme Tribunal of Justice], other courts, Ministerio Público [Public Ministry], public defence, criminal-investigation organs, judicial personnel, prisons, alternative justice, participating citizens, and authorized lawyers.  Judicial power is independent; the Tribunal has functional, financial, and administrative autonomy.  The justice system receives at least two per cent of the ordinary national budget, with reductions or modifications requiring prior Assembly authorization, and may not charge for services.  Judicial entry and promotion require public competitive examinations, citizen participation, and professional formation; appointment and oath belong to the Tribunal Supremo [Supreme Tribunal].  Removal, suspension, and personal responsibility follow law. (Arts. 253–255, 156(31–32); cf. 1961, Arts. 204–205, 207–210:  “In exercising their functions judges are autonomous and independent of the other organs of Poder Público [Public Power].”).

Magistrates, judges, prosecutors, and public defenders may vote but may not conduct partisan, professional-association, union, or similar activism while in office, undertake incompatible gainful activities, or hold other public functions except education.  Judges may not associate among themselves.  Procedure is an instrument of justice, to be simplified, uniform, effective, brief, oral, and public without sacrifice to non-essential formalities.  Community justices of the peace are elected by universal, direct, secret vote; statute promotes arbitration, conciliation, mediation, and other alternatives. (Arts. 256–258; cf. 1961, Art. 207:  “to secure the suitability, stability, and independence of judges”).

Contentious-administrative jurisdiction belongs to the Tribunal Supremo [Supreme Tribunal] and statutory courts, with powers to annul unlawful general or individual administrative acts, including misuse of power, award money and compensation for administrative responsibility, hear public-service claims, and restore injured individual legal situations. (Art. 259; cf. 1961, Art. 206:  “provide what is necessary to restore individual legal situations injured by administrative activity”).

Legitimate Indigenous authorities may administer justice within their habitat under ancestral traditions and their own rules for members, subject to the Constitution, law, and public order, with statutory coordination.  Military criminal jurisdiction belongs to judicial power, uses competitively selected judges and accusatory procedure, and is confined to military offences.  Common offences, human-rights violations, and crimes against humanity go to ordinary courts.  Law regulates other special jurisdictions and courts. (Arts. 260–261; new; 1961, Arts. 204–217:  no corresponding express Indigenous jurisdiction or constitutional limitation of military courts to military offences).

The Tribunal Supremo [Supreme Tribunal] functions in Full Court and Constitutional, Political-Administrative, Electoral, Civil Cassation, Criminal Cassation, and Social Cassation Chambers; the Social Chamber includes agrarian, labour, and juvenile cassation.  Magistrates must be Venezuelan by birth without another nationality, honourable, and jurists of recognized competence meeting the specified fifteen-year professional, professorial, or judicial alternatives.  They serve one twelve-year term.  Social-sector nominations, community consultation, Judicial Nominations Committee and Citizen Power screening precede definitive Assembly selection, with reasoned public objections permitted.  Removal requires two-thirds of the Assembly after hearing and Citizen Power classification of grave misconduct. (Arts. 262–265, 270; cf. 1961, Arts. 212–214:  “for periods of nine years, but shall be renewed by thirds every three years”).

The Tribunal Supremo [Supreme Tribunal] exercises constitutional jurisdiction; determines grounds for presidential prosecution and continues after Assembly authorization; determines grounds concerning the enumerated senior officials and follows the specified referral and common-offence procedure; resolves public-entity administrative controversies; annuls executive administrative acts; interprets legal texts; settles judicial-competence disputes; and hears cassation.  Constitutional functions belong to the Sala Constitucional [Constitutional Chamber], senior-official proceedings to Full Court, and the designated administrative matters to the Political-Administrative Chamber. (Art. 266; cf. 1961, Arts. 215–216:  “shall be exercised by the Court in full”).

The Tribunal Supremo [Supreme Tribunal] directs, governs, administers, inspects, and budgets for the judiciary and public defence, creating an executive magistracy directorate and regional offices.  Statutory disciplinary courts apply the judicial ethics code through public, oral, brief proceedings with due process.  Law secures public-defence autonomy, organization, discipline, suitability, and career benefits, and organizes judicial circuits and regional courts for administrative and jurisdictional decentralization. (Arts. 267–269; cf. 1961, Art. 217:  “The respective Organic Law shall create the Consejo de la Judicatura [Council of the Judiciary]”).

Extradition of foreigners responsible for the enumerated offences concerning capital, drugs, international organized crime, other States’ public patrimony, and human rights may not be refused.  Actions punishing offences against human rights or public patrimony or drug trafficking do not prescribe.  Judicial confiscation, preventive property measures, and public, oral, brief proceedings with due process are provided.  The recension prints “deslegitimación de capitales”. (Art. 271; new; 1961, Arts. 45, 102, 136(4), 250:  no corresponding combined extradition, non-prescription, and criminal-asset procedure).

The State guarantees a penitentiary system protecting human rights and rehabilitation, with work, education, sport, recreation, qualified professional direction, and decentralized state or municipal administration, with possible privatization modalities.  Open regimes, agricultural penal colonies, and non-custodial alternatives receive preference.  Post-release assistance and an autonomous technical penitentiary entity are provided. (Art. 272; cf. 1961, Art. 136(24):  “civil, commercial, criminal, penitentiary, and procedural legislation”).

Citizen Power is exercised by the Consejo Moral Republicano [Republican Moral Council], comprising the Defensor del Pueblo [Ombudsman], Fiscal General, and Contralor General [Comptroller General].  Its organs are independent and possess functional, financial, and administrative autonomy; their heads choose an annually renewable Council president.  Functions cover public ethics, administrative morality, public patrimony, legality, and civic education.  The Council issues warnings and lawful sanctions, reports failures to the competent authority, publishes annual and requested reports, and may demand urgent priority cooperation and classified documents under statutory safeguards. (Arts. 273–278; new; 1961, Arts. 218–222, 234–239:  no corresponding Citizen Power or Republican Moral Council).

A social-sector committee publicly evaluates Citizen Power candidates and submits a triplicate list for each office.  Two-thirds of the Assembly chooses within thirty consecutive days; failure of agreement sends the list to popular consultation by Electoral Power.  If the committee has not been convoked, the Assembly appoints within the statutory period.  Removal by the Assembly requires a prior Tribunal Supremo [Supreme Tribunal] pronouncement under law. (Art. 279; cf. 1961, Arts. 219, 238:  “The Chambers in joint session shall elect the Comptroller General of the Republic”).

The Defensoría del Pueblo [Ombudsman’s Office] promotes, defends, and supervises constitutional and treaty rights and legitimate collective or diffuse interests.  Its head serves one seven-year term and must be Venezuelan by birth without another nationality, over thirty, qualified in human rights, and meet statutory ethical requirements.  Powers include investigation, public-service oversight, constitutional and protective actions, prosecution and corrective requests, legislative initiatives, Indigenous-rights protection, inspections, recommendations, and human-rights education.  Functional immunity places cases exclusively before the Tribunal Supremo [Supreme Tribunal].  Organization follows gratuity, accessibility, promptness, informality, and action of its own motion. (Arts. 280–283; new; 1961, Arts. 218–222:  no corresponding constitutional Ombudsman’s Office).

The Ministerio Público [Public Ministry] is directed by the Fiscal General de la República [Prosecutor General of the Republic], with Supreme Tribunal qualifications and a seven-year term.  It guarantees constitutional and treaty rights, prompt lawful justice, prior trial and due process; directs criminal investigation; brings public criminal and official-responsibility actions; and preserves others’ rights and actions.  Statute organizes national, state, and municipal functions and secures suitability, probity, stability, and prosecutorial careers.  Citizen Power appointment follows Art. 279. (Arts. 284–286; cf. 1961, Arts. 218–222:  “within the first thirty days of each constitutional period”).

The Procuraduría General de la República [Office of the Procurator General of the Republic] separately advises, defends, and represents republican patrimonial interests in and out of court and must be consulted on approval of national public-interest contracts.  The Procurator directs it with statutory collaborators, meets Supreme Tribunal qualifications, and is appointed by the President with Assembly authorization.  The Procurator attends Council meetings with a right to speak.  Organic law governs organization, competence, and functioning. (Arts. 247–250; cf. 1961, Arts. 200–203:  “when convoked to them by the President of the Republic”).

All judges must uphold constitutional integrity and apply the Constitution over incompatible legal norms, including of their own motion.  The Sala Constitucional [Constitutional Chamber] alone annuls the enumerated directly constitutional or law-ranking public acts; it reviews treaties before ratification, exception decrees, legislative omissions, conflicts of laws, constitutional controversies, and final protective or constitutional-review judgments.  It may fix periods and guidelines to correct legislative omissions.  Its constitutional interpretations bind the other chambers and courts; the Tribunal Supremo [Supreme Tribunal] is the supreme and final constitutional interpreter.  Art. 334 begins “Todos Todos”. (Arts. 334–336; cf. 1961, Art. 215(3):  “Declare the total or partial nullity of national laws and other legislative-body acts conflicting with this Constitution”).

POW-SUB—Subnational Government

States are autonomous, politically equal legal persons obliged to preserve independence, sovereignty, and territorial integrity and enforce constitutional law.  Exclusive competence includes their constitutions, local organization, property, revenue, unreserved non-metallic minerals, saltworks, pearl beds, vacant lands, police, fiscal instruments, services, state roads, coordinated national highways and commercial ports and airports, and residual matters.  National framework and state implementing laws regulate concurrent powers under coordination, cooperation, shared responsibility, and subsidiarity; States transfer manageable services and resources to municipalities under state law. (Arts. 159, 164–165; cf. 1961, Arts. 16–18:  “States are autonomous and equal as political entities.”).

Governors must be Venezuelan, over twenty-five, and lay.  They are elected for four years by a majority of those voting, with one immediate re-election permitted in the main text.  They report publicly and annually to the state Contralor [Comptroller], Legislative Council, and planning council.  A seven-to-fifteen-member Consejo Legislativo [Legislative Council] proportionally represents the State’s population and municipalities, legislates, and sanctions the budget.  Deputy qualifications, reporting, and territorially limited immunity apply as appropriate; legislators serve four years with at most two consecutive re-elections in the main text.  Later amendment readings appear under CON-AMD. (Arts. 160–162; cf. 1961, Arts. 19–24:  “Governors shall be freely appointed and removed by the President of the Republic”).

Each State has an organically and functionally autonomous Contraloría, headed through public competition guaranteeing suitability, independence, and neutrality, without diminishing national comptroller powers.  Each also has a Governor-presided Consejo de Planificación y Coordinación de Políticas Públicas [Council for Planning and Coordination of Public Policies], including mayors, state ministerial directors, legislative and municipal representatives, and organized communities, including Indigenous communities where present. (Arts. 163, 166; new; 1961, Arts. 16–24, 235:  no corresponding express state comptroller or state planning-council organization).

Municipalities retain legal personality and autonomy over elections, local matters, and revenue, with effective citizen participation and judicial challenge of acts.  Constitutional, national organic, and state law may establish different democratic local regimes, including Indigenous-population options.  Municipalities may form associations or metropolitan districts; popular consultation, state legislation, or national action governs the specified territorial arrangements.  Local parishes and other entities promote neighbourhood initiative, decentralization, participation, and services without becoming mandatory exhaustive territorial divisions. (Arts. 168–173; cf. 1961, Arts. 25–29:  “Municipalities may be grouped in Districts.”).

The mayor governs and administers the municipality as its first civil authority, must be Venezuelan, over twenty-five, and lay, and is elected for four years by a majority of voters, with one immediate re-election in the main text.  Elected councillors exercise legislation.  The municipal Contraloría audits local revenue, expenditure, assets, and operations under a head chosen by the Council through public competition.  National law may prescribe residence, eligibility, disqualification, and incompatibility rules.  The later mayoral amendment is recorded under CON-AMD. (Arts. 174–177; cf. 1961, Arts. 27, 29:  “In every case municipal organization shall be democratic and conform to the nature of local government.”).

Municipal competence comprises local planning, housing, tourism, recreation, roads, transport, spectacles, advertising, environment, sanitation, civil protection, primary health, social care, preschool education, culture, sport, utilities, cemeteries, peace justice, and police, with national and state competences reserved.  Ejidos remain inalienable and imprescriptible subject to lawful ordinance exceptions; unowned urban land and urban vacant lands become ejidos [municipal common lands] without prejudice to legitimate third-party rights, with Indigenous lands excepted.  A mayor-presided local planning council includes councillors, parish presidents, and neighbourhood and social representatives.  Revenue is recorded under ECO-HAC. (Arts. 178, 181–182; cf. 1961, Arts. 30–32:  “They may be alienated only for construction”).

An Assembly majority may assign national matters to States or municipalities to promote decentralization.  Law creates flexible transfers of manageable services to organized communities and neighbourhood groups, participatory investment and service control, social-economy institutions, co-management, and local public-service enterprises.  The Consejo Federal de Gobierno [Federal Council of Government] plans and coordinates transfers, presided over by the Executive Vice-President with ministers, Governors, one mayor per State, and organized society.  Its secretariat comprises the Executive Vice-President, two ministers, three Governors, and three mayors; an interterritorial fund finances balanced regional development and priority services. (Arts. 157–158, 184–185; cf. 1961, Art. 137:  “by the vote of two-thirds of the members of each Chamber”).

CON-AMD—Amending the Constitution

An amendment adds or modifies articles without altering fundamental structure.  Initiative belongs to fifteen per cent of registered citizens, thirty per cent of the Assembly, or the President in Council.  Legislative initiative requires a majority of the Assembly and ordinary legislative procedure.  Electoral Power submits amendments to referendum within thirty days after formal receipt.  Approved amendments are numbered and printed after the Constitution without altering its text, with number and date noted beneath affected articles. (Arts. 340–341; cf. 1961, Art. 245:  “ratified by two-thirds of the Assemblies”).

Reform is partial revision or substitution without changing fundamental structure and principles.  Initiative belongs to an Assembly majority, the President in Council, or at least fifteen per cent of registered electors.  The Assembly conducts first discussion in the presentation session, second by title or chapter, and third article by article, approving within two years by two-thirds of its membership. (Arts. 342–343; cf. 1961, Art. 246:  “general reform”).

An approved reform goes to referendum within thirty days of sanction.  Voting is on the whole, with up to a third separately votable upon the specified legislative, presidential, or elector initiative.  More affirmative than negative votes approve.  A rejected reform initiative cannot return in the same constitutional term.  The President promulgates amendments or reforms within ten days of approval, with substitute promulgation upon omission. (Arts. 344–346; cf. 1961, Arts. 247–249:  “Rejected amendment or reform initiatives may not be presented again in the same constitutional period.”).

The people are the repository of original constituent power and may convoke an Asamblea Nacional Constituyente [National Constituent Assembly] to transform the State, create a new legal order, and draft a Constitution.  Convocation initiative belongs to the President in Council, two-thirds of the Assembly, municipal councils in cabildos by the prescribed two-thirds vote, or fifteen per cent of registered electors.  The President may not object to the new Constitution; constituted powers may not impede constituent decisions.  After promulgation the new Constitution is published in the official or constituent gazette. (Arts. 347–349; new; 1961, Arts. 245–249:  no corresponding permanent Constituent Assembly procedure).

The Constitution retains force despite displacement by force or purported repeal outside its own procedure; every citizen, with or without authority, must assist restoration.  The people, faithful to republican tradition, independence, peace, and liberty, are to disown any regime, legislation, or authority contrary to democratic values, principles, and guarantees or impairing human rights. (Arts. 333, 350; cf. 1961, Art. 250:  “This Constitution shall not lose its force if it ceases to be observed through an act of force”).

Later Amendment Readings (2009)

The recension separately reproduces five later amendment readings in footnotes, each labelled “Enmienda N° 1 del 14-01-2009”.  They retain the four-year gubernatorial, state-legislative, and mayoral terms, the five-year deputy term, and the six-year presidency while replacing the main text’s limits on consecutive re-election with permission to be re-elected.  These are the footnotes’ stated label and later readings, separately identified here without incorporating them into the 1999 main text. (CIDEP 1999, amendment notes 1–5, pp. 28–29, 32, 36, 41).

CIV-SUF—Suffrage

Citizenship gives Venezuelans the political rights and duties prescribed for their age and status, subject to civil interdiction and political disqualification.  Political rights are generally reserved to Venezuelans, with specified early-arriving naturalized residents enjoying birth-national rights.  Citizens participate directly or through elected representatives.  Suffrage is a right exercised freely, universally, directly, and secretly with personalized voting and proportional representation.  Venezuelans who have completed eighteen may vote; qualifying foreigners of eighteen with over ten years’ residence receive parish, municipal, and state voting.  Electors may demand public, transparent, periodic reports against representatives’ programmes. (Arts. 39–40, 62–64, 66; cf. 1961, Arts. 110–113:  “Its exercise shall be obligatory within the limits and conditions established by law.”).

Final convictions for offences committed in public functions or affecting public patrimony disqualify candidates for elected office for the statutory period after completion of sentence, according to the offence’s gravity.  The political-rights provisions contain no general literacy qualification corresponding to that of the antecedent. (Arts. 39–42, 62–67; cf. 1961, Art. 112:  “electors who can read and write, over twenty-one years of age”).

Political associations must organize and select leaders and candidates democratically through internal elections.  State financing is prohibited; private finance, campaigns, expenditure limits, and supervision follow law.  Citizens and associations may nominate candidates; association leadership may not contract with public entities.  Political and social participation includes elections, referendums, consultation, recall, popular initiatives, open cabildos, binding citizen assemblies, self-management, co-management, cooperatives, savings institutions, and community enterprises under law. (Arts. 67, 70; cf. 1961, Art. 114:  “by democratic methods, in the orientation of national policy”).

Nationally important matters may undergo consultation on initiative of the President in Council, an Assembly majority, or ten per cent of registered electors.  Parish, municipal, and state consultation may be initiated by the respective representative body’s two-thirds vote, its executive officer, or ten per cent of the local electoral register. (Art. 71; new; 1961, Arts. 110–116, 246:  no corresponding general consultative-referendum procedure).

All popularly elected offices and magistracies are revocable.  After half the term, twenty per cent of registered constituency electors may request recall.  Recall requires affirmative voters at least equal to those who elected the officer and participation of at least twenty-five per cent of the register, followed by filling the permanent vacancy.  Law regulates collegiate-body recall, and only one recall request may be made during the officer’s term. (Art. 72; new; 1961, Arts. 110–116, 135–153, 181–189:  no corresponding general popular-recall procedure).

Two-thirds of the Assembly may submit a bill to an approving referendum, with twenty-five per cent registered-elector participation required for enactment.  Sovereignty-affecting or supranational-power treaties may be submitted by the President in Council, two-thirds of the Assembly, or fifteen per cent of electors.  Law-abrogation initiative belongs to ten per cent of electors or the President in Council; five per cent may request abrogation of enabling-law decrees.  Forty per cent participation is required.  The listed budget, tax, credit, amnesty, human-rights, and treaty laws are excluded; the same subject may undergo only one abrogative referendum per term. (Arts. 73–74; new; 1961, Arts. 110–116, 126, 128, 177:  no corresponding general legislative, treaty, or abrogative-referendum procedures).

Indigenous peoples receive national and qualifying territorial legislative representation.  The Assembly, President, and justices of the peace are chosen under their respective direct-voting rules.  Active military members expressly receive suffrage but may not seek elected office or conduct political propaganda, militancy, or proselytism.  Legislative and presidential qualifications are recorded under POW-LEG and POW-EXE. (Arts. 125, 186, 228, 258, 330; cf. 1961, Arts. 111–113, 131:  “Electors are all Venezuelans who have completed eighteen years of age”).

Electoral Power is exercised by the Consejo Nacional Electoral [National Electoral Council], with national electoral, civil-and-electoral registry, and political-participation-and-finance organs.  It regulates electoral law, administers its own budget, issues finance and publicity directives, annuls elections, conducts public elections and referendums, organizes specified association elections, maintains the registry, and supervises political organizations and finance.  Organic independence, functional and budgetary autonomy, non-partisanship, impartiality, participation, decentralization, and transparent prompt voting govern.  A social-sector nominations committee precedes Assembly appointment of five politically unaffiliated members by two-thirds, for staggered seven-year terms:  three civil-society nominees at the beginning of the Assembly period and one university and one Citizen Power nominee at its midpoint, with the prescribed six, two, and two alternates respectively.  Removal requires a prior Tribunal Supremo [Supreme Tribunal] pronouncement. (Arts. 292–296; cf. 1961, Art. 113:  “so that no political party or grouping predominates in them”).

Contentious-electoral jurisdiction belongs to the Tribunal Supremo [Supreme Tribunal]’s Electoral Chamber and statutory courts.  Electoral-process law may not be modified during the six months preceding election day or on that day. (Arts. 297–298; new; 1961, Arts. 110–116, 204–217:  no corresponding express electoral jurisdiction or six-month electoral-law restriction).

CIV-CIT—Citizenship

Birth nationality comprises 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. 32; cont., 1961, Art. 35).

Certificate naturalization requires ten years’ uninterrupted immediately preceding residence, reduced to five for persons holding original Spanish, Portuguese, Italian, Latin American, or Caribbean nationality.  Foreign spouses may declare after at least five years of marriage.  Foreign minors under the parental authority of a newly naturalized parent may declare before twenty-one after five years’ uninterrupted residence. (Art. 33; cf. 1961, Arts. 36–37:  “The foreign woman married to a Venezuelan”).

Acquiring or choosing another nationality does not forfeit Venezuelan nationality.  Birth nationals may not be deprived of it; naturalization is revocable only by judicial sentence under law.  Nationality may be renounced.  Birth-national recovery requires domicile for at least two years and declaration; naturalized recovery repeats Art. 33 requirements.  The State promotes nationality treaties; law regulates acquisition, choice, renunciation, recovery, revocation, and nullity.  Loss or renunciation entails loss of citizenship, whose exercise or political rights may be suspended only by final judicial sentence in statutory cases. (Arts. 34–38, 42; cf. 1961, Art. 39(1):  “Through choice or voluntary acquisition of another nationality”).

The enumerated presidential, vice-presidential, legislative-presiding, judicial, electoral-presiding, procuratorial, fiscal, comptroller, ombudsman, specified ministerial, frontier gubernatorial and mayoral, and military-law offices require Venezuelan birth without another nationality.  Naturalized holders of the other listed legislative, ministerial, non-frontier gubernatorial, and mayoral offices require domicile with at least fifteen years’ uninterrupted residence and lawful qualifications. (Art. 41; cf. 1961, Arts. 45, 112, 152, 182, 195, 213:  “to be Venezuelan by birth”).

RTS-GAR—Rights

The State guarantees progressive, non-discriminatory, irrenounceable, indivisible, and interdependent human rights.  Free personal development is limited by others’ rights and public and social order.  Equality includes positive measures for vulnerable or marginalized persons, effective legal and administrative protection, no hereditary distinctions, and citizen as the ordinary official treatment.  Unenumerated inherent rights remain enforceable without implementing law.  Ratified human-rights treaties have constitutional rank and domestic precedence where more favourable, with immediate direct application. (Arts. 19–23; cf. 1961, Arts. 43, 50, 61:  “Absence of implementing legislation for these rights does not diminish their exercise.”).

Non-retroactivity permits the lesser-penalty exception; procedural law applies immediately, with favourable treatment of already received criminal evidence and application of the favourable rule in doubt.  Rights-violating public acts are null; officials incur criminal, civil, and administrative responsibility without excuse from superior orders.  Everyone may seek timely effective judicial protection of rights and interests, including collective or diffuse interests, through free, accessible, impartial, transparent, autonomous, independent, responsible, equitable, and expeditious justice without undue delay or useless formalism. (Arts. 24–26; cf. 1961, Arts. 44, 46, 68:  “superior orders manifestly contrary to the Constitution and laws”).

Judicial amparo protects constitutional and inherent personal rights through oral, public, brief, free, informal proceedings, with immediate restoration or its closest equivalent.  All times are available and the matter receives priority.  Any person may seek protection of liberty or security, and the detainee passes immediately into judicial custody.  Exception or restriction of guarantees cannot impair the remedy. (Art. 27; cf. 1961, Art. 49:  “The procedure shall be brief and summary”).

Persons may access data about themselves or their property in public or private registers, discover its use and purpose, and seek judicial updating, rectification, or destruction of erroneous or unlawfully prejudicial data.  Access also extends to information of community or group interest, with journalistic and other lawful professional source confidentiality reserved. (Art. 28; new; 1961, Arts. 59, 63, 68:  no corresponding express personal-data access and correction provision).

The State must investigate and punish official human-rights offences.  Crimes against humanity, grave human-rights violations, and war crimes are imprescriptible; the specified violations go to ordinary courts without pardons, amnesties, or other impunity benefits.  The State must fully compensate attributable human-rights injury, protect ordinary-crime victims, and seek offender reparation.  Persons may petition treaty-created international human-rights organs, and the State must adopt measures to comply with their decisions. (Arts. 29–31; cf. 1961, Arts. 46–47:  “which have not been caused by legitimate authorities in the exercise of their public function”).

Life is inviolable, death punishment is prohibited, and the State protects persons detained, in military or civil service, or otherwise under its authority.  Detention ordinarily requires judicial order, with flagrancy excepted and presentation to judicial authority within forty-eight hours.  Trial in liberty is the rule subject to lawful judicial reasons; bail is untaxed.  Detainees have immediate communication, information, condition-recording, public detention-register, and applicable consular-notification rights.  Penalties are personal, never perpetual or infamous, and confinement may not exceed thirty years.  Authorities must identify themselves; release follows competent order or completed sentence.  Slavery, servitude, and trafficking are prohibited. (Arts. 43–44, 54; cf. 1961, Arts. 48, 58, 60:  “by written order of the official authorized to decree detention”).

Forced disappearance is prohibited even during emergency, exception, or restriction; contrary orders must be disobeyed and reported.  Intellectual and material authors, accomplices, accessories, and attempts incur statutory punishment.  Physical, psychological, and moral integrity exclude torture and cruel, inhuman, or degrading treatment, with rehabilitation for victims, dignified custody, and punishment of official abuse or toleration.  Scientific experimentation and medical or laboratory examinations require free consent subject to the stated life-danger and statutory exceptions. (Arts. 45–46; cf. 1961, Art. 60(3):  “No one may be held incommunicado or subjected to torture”).

The home and private premises are inviolable, subject to judicial entry to prevent crime or execute lawful decisions while respecting dignity; statutory sanitary visits require notice.  Private communications in every form are secret and inviolable, with interference only by competent court order under law and protection of private matters unrelated to the proceeding. (Arts. 47–48; cf. 1961, Arts. 62–63:  “Sanitary visits to be carried out under law may take place only with prior notice”).

Due process governs judicial and administrative action.  Defence, counsel, notice, access to evidence, adequate preparation, exclusion of unlawfully obtained evidence, appeal subject to lawful exceptions, presumed innocence, a competent independent impartial prior tribunal, reasonable time, and interpretation assistance are guaranteed.  Natural judges must be identified; exceptional tribunals are barred.  Compelled confession or incrimination of oneself or the specified family and marital partners is prohibited.  Prior law, no repeated trial, and state or personal reparation for judicial error, unjustified delay, or omission apply. (Art. 49; cf. 1961, Arts. 60, 68–69:  “Persons accused of offences against public affairs may be tried in their absence”).

Movement, domicile, departure, return, and goods transfer remain lawful freedoms; Venezuelans need no entry authorization and may not be sentenced to exile.  Alternative-route access in road concessions follows law.  Petition requires timely adequate response, with statutory sanctions for violation.  Lawful association, unarmed assembly without prior permission, and peaceful manifestation are protected; firearms and toxic substances may not control peaceful demonstrations.  The Republic recognizes asylum and refuge and prohibits extradition of Venezuelans. (Arts. 50–53, 68–69; cf. 1961, Arts. 64, 67, 70–71, 115–116:  “except by commutation of another penalty and at the convicted person’s own request”).

State security organs must protect persons, property, rights, and duties, with lawful citizen participation and necessary, suitable, timely, proportionate force.  Every person has rights to a personal name, parental names and identity, investigation of parentage, free birth registration, and identity documents without qualifying filiation.  Honour, private and intimate life, image, confidentiality, and reputation are protected; law limits information technology to safeguard personal and family privacy and rights. (Arts. 55–56, 60; cf. 1961, Arts. 59, 61, 75:  “Every person has the right to protection against injury to honour, reputation, or private life.”).

Expression through any medium is free of censorship, with responsibility for what is expressed.  Anonymity, war propaganda, discriminatory messages, and promotion of religious intolerance are prohibited; officials may not be censored in reporting their responsibilities.  Communication is free and plural.  Persons have rights to timely, truthful, impartial information, reply, and rectification, and children to information appropriate for their development. (Arts. 57–58; cf. 1961, Art. 66:  “Nor shall war propaganda be permitted”).

The State protects families, household heads, equality, solidarity, mutual respect, original or substitute family life, and adoption in the child’s interest, with international adoption subsidiary to national adoption.  Maternity and paternity receive protection regardless of civil status, with reproductive choice, information, family planning, and reciprocal parental and filial support.  Marriage between a man and woman rests on free consent and equal rights and duties; qualifying stable factual unions between a man and woman produce the same effects. (Arts. 75–77; cf. 1961, Arts. 73–75:  “Maternity shall be protected whatever the mother’s civil status.”).

Children and adolescents are full legal subjects with absolute-priority protection, specialized law and institutions, and progressive active citizenship.  Youth receive development and first-employment opportunities.  Older persons retain dignity, autonomy, social security, suitable work, and pensions not below the urban minimum wage.  Persons with disabilities receive equal opportunity, integration, training, and suitable employment; deaf or mute persons may use Venezuelan sign language.  Adequate serviced housing is a right progressively secured by citizens and the State, with priority to families and those lacking resources. (Arts. 78–82; cf. 1961, Arts. 73, 75:  “so that childhood and youth are protected against abandonment, exploitation, or abuse”).

Health is a fundamental social right and state obligation, with promotion, access, participation, and lawful sanitary duties.  A free, universal, integral, equitable, participatory national public health system integrates with social security; its public assets and services cannot be privatized.  The State finances and regulates health, supports training and national supply production, and guarantees non-profit universal social security for the enumerated contingencies.  Inability to contribute cannot exclude protection; dedicated resources may not be diverted and compulsory contributions remain under social and state direction. (Arts. 83–86; cf. 1961, Arts. 76, 94:  “A social-security system shall be developed progressively”).

Work is a right, duty, and protected social fact.  The State promotes productive dignified employment and protection of self-employed workers; employers guarantee occupational safety, hygiene, and environment.  Sex equality includes recognition of household work as economically productive and social-security entitlement for homemakers under law.  Labour rights and benefits are progressive and non-waivable, reality prevails over appearances, favourable rules apply integrally in doubt, unconstitutional employer acts are null, discrimination is barred, and harmful adolescent labour and exploitation are prohibited. (Arts. 87–89; cf. 1961, Arts. 54, 84–85, 93:  “Women and minor workers shall receive special protection.”).

The ordinary maximum day is eight hours daily and forty-four weekly; lawful night work is limited to seven daily and thirty-five weekly.  Overtime cannot be compelled.  Progressive reduction, beneficial leisure, paid weekly rest, and paid holidays are prescribed.  Wages must support dignity and family needs, with equal pay, profit participation, protection from attachment except maintenance, and timely legal-currency payment.  The public and private minimum living wage is adjusted annually with the basic basket among its references. (Arts. 90–91; cf. 1961, Art. 86:  “forty-eight per week”).

Social benefits reward seniority and protect against unemployment; wages and benefits are immediately enforceable labour credits, with interest on arrears enjoying corresponding privileges.  Law protects stability and limits unjustified dismissal, with unconstitutional dismissals null.  Beneficiaries of intermediary or contractor services bear statutory responsibility without diminishing intermediaries’ or contractors’ joint responsibility; simulation and fraud attract the specified employer responsibility. (Arts. 92–94; cf. 1961, Arts. 88–89:  “without prejudice to their joint responsibility”).

Workers may freely form and join unions without prior authorization or administrative intervention, suspension, or dissolution, with protection against discrimination and interference.  Organizers and leaders receive employment security; internal leadership is renewable by universal, direct, secret voting, personal enrichment is punishable, and leaders declare assets.  Public and private workers may negotiate and conclude collective agreements covering existing and later employees and strike within statutory conditions. (Arts. 95–97; cf. 1961, Arts. 90–92:  “Workers have the right to strike within the conditions fixed by law.”).

Cultural creation is free, with legal intellectual-property protection.  Cultural values and tangible and intangible patrimony receive protection, conservation, restoration, and public support; cultural patrimonial assets are inalienable, imprescriptible, and unattachable.  Public cultural administration has statutory autonomy.  Popular and intercultural expression receives special attention, incentives, and cultural-worker social security.  Media must circulate national cultural works, and television must supply subtitles and sign-language translation for hearing difficulties. (Arts. 98–101; cf. 1961, Arts. 83, 100:  “Rights in scientific, literary, and artistic works, inventions, denominations, marks, and slogans shall receive protection”).

Education is a democratic, free, obligatory human right, social duty, public service, and non-declinable state function, directed towards personality, scientific and humanistic knowledge, work, identity, citizenship, and social participation.  Compulsory education extends from nursery through diversified secondary education; state education is free through undergraduate university level.  Equal access, special needs, priority investment, qualified teachers, merit, professional stability, regulated qualifications and professional membership, and inspected private institutions are prescribed.  Environmental education, Castilian, Venezuelan history and geography, and Bolivarian principles are compulsory as specified.  Media and public information networks support citizenship and technology access. (Arts. 102–108; cf. 1961, Arts. 55, 78–82:  “Law may establish exceptions concerning higher and specialized education in the case of persons possessing financial means”).

University autonomy covers government, patrimony, research, teaching, and extension, with inviolable university premises and statutory autonomy for experimental national universities.  Science, technology, innovation, and information services are of public interest, requiring state resources, private contributions, and ethical safeguards.  Sport and recreation are rights supported through education and health policy; physical education and sport are compulsory through the specified secondary cycle, with protection of athletes and statutory incentives. (Arts. 109–111; new; 1961, Arts. 78–83:  no corresponding express university-autonomy, science-system, or sport-right provisions).

Lawful economic activity and private initiative receive protection within constitutional, human-development, health, security, environmental, and social limits, with state planning and regulation.  Monopolies, abuse of dominance, and concentrated demand are opposed; lawful resource or public-service concessions are temporary and require adequate public-interest consideration.  Economic offences receive severe statutory punishment.  Consumers have quality, truthful-information, choice, equitable-treatment, and reparation rights.  Cooperatives, mutuals, savings associations, and other collective-benefit forms receive recognition and support. (Arts. 112–114, 117–118; cf. 1961, Arts. 72, 96–98:  “Monopolies shall not be permitted.”).

Property is guaranteed with rights of use, enjoyment, and disposal, subject to lawful public-utility or general-interest burdens.  Expropriation requires public utility or social interest, final judgment, and timely just compensation.  Confiscation is confined to constitutional cases; final judicial sentence may reach assets of persons responsible for public-patrimony offences, illicit enrichment under public power, or activities connected with narcotics and psychotropic trafficking. (Arts. 115–116; cf. 1961, Arts. 99–102:  “through final judgment and payment of just compensation”).

Indigenous peoples and communities retain their organization, culture, customs, languages, religions, habitat, and ancestral collective land rights.  The executive demarcates with their participation; lands are inalienable, imprescriptible, unattachable, and non-transferable.  Resource exploitation requires prior information and consultation and may not harm cultural, social, or economic integrity.  Identity, spirituality, sacred places, intercultural bilingual education, appropriate health, and traditional medicine receive protection.  Indigenous peoples form part of a single sovereign indivisible Venezuelan people and must safeguard national integrity; the term people does not carry its international-law meaning here. (Arts. 119–122, 126; cf. 1961, Art. 77:  “their progressive incorporation into the life of the Nation”).

Indigenous economic practices, productive activity, national participation, priorities, training, technical and financial assistance, and labour rights are protected.  Collective intellectual property in knowledge, technology, and innovation is guaranteed; genetic-resource activity must benefit the collective, and patents over these resources and ancestral knowledge are prohibited.  Indigenous political and legislative representation is guaranteed under law, with electoral implementation recorded under CIV-SUF and CON-FIN. (Arts. 123–125; cf. 1961, Art. 77:  “The State shall endeavour to improve the living conditions of the peasant population.”).

Every generation must protect the environment, and everyone has an individual and collective right to safe, healthy, ecologically balanced life and surroundings.  The State protects biodiversity, genetic resources, ecological processes, and protected areas; living genomes cannot be patented.  Participatory sustainable territorial planning, prior environmental and sociocultural impact studies, exclusion of toxic waste, and prohibitions on nuclear, chemical, and biological weapons apply.  Resource-affecting contracts and permits incorporate ecological balance, agreed technology access and transfer, and restoration obligations even when unstated. (Arts. 127–129; cf. 1961, Art. 106:  “their exploitation shall be directed primarily to the collective benefit of Venezuelans”).

Duties comprise national honour and defence, protection of symbols, cultural values, sovereignty, nationality, territory, self-determination, and national interests; obedience to constitutional law and public acts; social responsibility and human-rights solidarity; statutory public contributions; necessary civil or military and electoral service without forced recruitment; and humanitarian and professional community service according to capacity and law. (Arts. 130–135; cf. 1961, Arts. 51–57:  “Military service is compulsory and is rendered without distinction of class or social condition”).

The President in Council may declare exception for grave social, economic, political, natural, or ecological circumstances beyond ordinary powers.  Guarantees may be temporarily restricted except life, freedom from incommunicado detention or torture, due process, information, and other intangible human rights.  Alarm lasts up to thirty days, economic emergency sixty, and internal or external commotion ninety, each extendible once for an equal period with Assembly approval.  Organic law governs measures. (Arts. 337–338; cf. 1961, Arts. 240–241:  “may restrict or suspend constitutional guarantees”).

Exception decrees regulate the affected rights and go within eight days to the Assembly or Delegated Commission for consideration and approval and to the Sala Constitucional [Constitutional Chamber] for constitutional judgment.  They must satisfy the International Covenant on Civil and Political Rights and American Convention on Human Rights.  Executive or legislative revocation follows cessation of causes; public organs continue functioning. (Art. 339; cf. 1961, Arts. 242–244:  “within the ten days following publication”).

REG-MIL—The Military

National security is an essential state competence grounded in integral development, with defence responsibility extending to Venezuelans and public and private persons in national space.  State and civil society share responsibility across economic, social, political, cultural, geographical, environmental, and military fields.  Necessary civil or military service follows law without forced recruitment.  Frontier security receives priority, with statutory zones, special regimes, settlement, and use protecting parks, Indigenous habitat, and specially administered areas. (Arts. 134, 156(7–8), 322, 326–327; cf. 1961, Art. 53:  “Military service is compulsory and is rendered without distinction of class or social condition”).

The President presides over the Consejo de Defensa de la Nación [Council of Defence of the Nation], the highest defence planning and consultative organ, with the specified executive, legislative, judicial, citizen, and ministerial membership.  It determines the national strategic concept under organic law.  Only the State may possess and use war armaments, which become republican property without indemnity or proceedings; the armed forces regulate other arms, ammunition, and explosives under law.  The executive reserves security-operation classification and disclosure within statutory terms. (Arts. 323–325, 236(23); cf. 1961, Art. 133:  “Only the State may possess and use war armaments.”).

The Fuerza Armada Nacional [National Armed Force] is essentially professional, without political militancy, serving exclusively the Nation through military defence, internal-order cooperation, and active national development, under discipline, obedience, and subordination.  It comprises Army, Navy, Aviation, and National Guard, with its own integral social-security regime.  The first three plan, execute, and control defence operations; the Guard cooperates and primarily conducts internal-order operations.  Statute may assign administrative-police and criminal-investigation activities. (Arts. 328–329; cf. 1961, Art. 132:  “The Fuerzas Armadas Nacionales [National Armed Forces] form an apolitical, obedient, and non-deliberative institution”).

Active military members may vote under law but may not seek elective office or engage in political propaganda, militancy, or proselytism.  Promotions follow merit, seniority, vacancies, and statute as an exclusive armed-forces competence; the President exercises supreme command, fixes contingents, and promotes officers from colonel or naval captain.  The Assembly authorizes Venezuelan missions abroad and foreign missions in Venezuela. (Arts. 330–331, 236(5–6), 187(11); cf. 1961, Art. 150(5):  “Authorize promotions of Armed Forces officers from Colonel or Naval Captain, inclusive”).

National civilian security comprises uniformed national police, scientific and criminal investigation, civilian fire and emergency administration, and civil protection and disaster administration.  It protects persons, homes, rights, and public order, supports lawful authority, and shares competence with States and municipalities.  Organs must respect dignity and human rights without discrimination; force follows necessity and proportionality under law. (Arts. 55, 332; cf. 1961, Art. 136(5):  “Identification and national-police services”).

The executive and security provisions contain no corresponding express rule prohibiting simultaneous civil and military authority outside the presidency. (Arts. 225–226, 236, 322–332; cf. 1961, Art. 131:  “Military and civil authority may not be exercised simultaneously by the same official, except by the President of the Republic”).

REG-REL—Religion

Religious belief, teaching, practice, and private or public worship are guaranteed within morality, good customs, and public order.  Churches and confessions have independence and autonomy subject to constitutional and statutory limits; parents may secure religious education consistent with their convictions.  Religious belief cannot excuse legal obedience or deny others’ rights.  Conscience is free within the specified personal and criminal limits, without exemption from lawful duties.  These provisions contain no corresponding express Ecclesiastical Patronage clause. (Arts. 59, 61; cf. 1961, Arts. 65, 130:  “The Republic being in possession of the right of Patronato Eclesiástico [Ecclesiastical Patronage]”).

Lay status is required for Governors, mayors, the President, and through presidential qualifications the Executive Vice-President.  The ministerial, Supreme Tribunal, Ombudsman, Fiscal, and Contralor [Comptroller] qualification articles contain no express corresponding lay-status requirement. (Arts. 160, 174, 227, 238, 244, 263, 280, 284, 288; cf. 1961, Arts. 21, 182, 195, 237:  “over thirty years of age and of lay status”).

ECO-INF—Infrastructure

Mining and hydrocarbon deposits belong to the Republic as inalienable, imprescriptible public-domain assets; maritime coasts are public domain.  National competence covers resources, quality and measurement, statistics, engineering and urbanism, works, health, education, housing, food security, agriculture, transport, ports and airports, roads and railways, communications, domestic utilities, frontiers, and designated legislation.  Mining concessions cannot be indefinite; statute allocates special economic shares to States.  State and municipal works, services, roads, and coordinated national facilities follow their respective competences. (Arts. 12, 156(16–20), (23–30), (32), 164(5), (8–10), 178; cf. 1961, Art. 136(10):  “but may not alienate saltworks or grant mining concessions for an indefinite period”).

The socioeconomic order rests on social justice, democracy, efficiency, free competition, environmental protection, productivity, and solidarity, with state and private development and democratic participatory strategic planning.  Foreign investment receives the same conditions as national investment and may not receive more favourable regimes.  Organic law reserves petroleum and other strategic public-interest activities; national processing and technology are promoted.  The State retains all shares in Petróleos de Venezuela, S.A. [Venezuelan Petroleum, S.A.], or its managing successor, with the stated exception for subsidiaries, strategic associations, enterprises, and other business-development entities. (Arts. 299–303; cf. 1961, Arts. 95, 98, 107:  “Law shall establish the rules concerning participation of foreign capital in national economic development.”).

All waters are national public-domain assets.  The State promotes sustainable agriculture, food security through domestic production, rural development, productive infrastructure, inputs, credit, training, and technical assistance, protecting artisanal fishing communities and grounds.  Latifundia are contrary to social interest; law taxes idle land and provides productive transformation, peasant land ownership, agricultural associations, sustainable land management, and exceptional parafiscal support. (Arts. 304–307; cf. 1961, Art. 105:  “The latifundist regime is contrary to the social interest.”).

Small and medium industry, cooperatives, savings institutions, family and community enterprises, handicrafts, and traditional popular industries receive training, credit, protection, and promotion.  Tourism is a nationally important priority for diversification and sustainable development.  Public information networks, science and technology, participatory territorial planning, and environmental and sociocultural assessment complement the rights and duties recorded under RTS-GAR. (Arts. 308–310, 108, 110, 128–129; cf. 1961, Arts. 72, 106, 136(24):  “tourism legislation”).

CON-FIN—Final Provisions

The Constitution of 23 January 1961 is repealed; the remainder of the legal order continues insofar as compatible with the new Constitution.  The final provision brings this Constitution into force on official-gazette publication after popular referendum approval. (Repealing Provision; Final Provision; cf. 1961, Arts. 251–252:  “The transitional provisions are enacted in a separate text.”).

The Constituent Assembly must approve the special capital law while preserving Miranda’s territorial integrity; the existing Federal District and municipal organic regimes continue meanwhile.  Pending nationality legislation, the specified lawfully entered foreigners with lawful livelihood, declared domicile intention, and two years’ uninterrupted residence are considered domiciled.  Nationality declarations are made authentically by the adult concerned or by a legal representative under the printed twenty-one-year condition. (Transitory I–II; cf. 1961, Transitory I–IV:  “the Republic’s current municipal regime and organization remains in force”).

Within six months after installation, the Assembly must approve criminal legislation on forced disappearance, applying the Inter-American Convention meanwhile where possible, an organic exception law, and a special frontier regime for José Antonio Páez and Rómulo Gallegos municipalities in Apure after the designated consultations. (Transitory III; new; 1961, Transitory I–XXIII:  no corresponding six-month programme for these three implementing laws).

Within its first year the Assembly must legislate on torture, refugees and asylum, a new seniority-benefit regime proportional to service and calculated on the last wage with ten-year prescription, progressive working-time reduction, and an autonomous specialized labour jurisdiction under free, prompt, oral, immediate, equitable, fact-sensitive proceedings.  The existing seniority regime continues until reform. (Transitory IV(1–4); new; 1961, Transitory I–XXIII:  no corresponding first-year programme for these protective and labour laws).

First-year legislation must cover justice, public administration, Citizen and Electoral Powers, tax, budget, credit, public defence, state finance, municipal organization, the Central Bank, and national police.  Public defence temporarily remains with the judicial-system restructuring commission.  The Bank law must prescribe functions, governance, audit, and executive and legislative appointment roles.  Within one year of constitutional commencement the tax code must be reformed on the enumerated interpretive, non-retroactivity, anti-evasion, penalty, liability, interest, limitation, audit, and procedural matters.  Within two years the Assembly legislates on all constitutional subjects, prioritizing Indigenous peoples, education, and frontiers. (Transitory IV(5–9), V–VI; new; 1961, Transitory I–XXIII:  no corresponding comprehensive implementing-law timetable).

Pending organic law, Indigenous candidacies require Indigenous language and at least one specified traditional-authority, advocacy, service, or organizational qualification.  The text specifies western, southern, and eastern regions, constituent States, majority declaration by the electoral authority, ballot access for all state electors, and the 1992 census for territorial representation.  It prints “Cada uno de los Estados que componen las regiones elegirá un representante”.  Existing and new electoral processes are conducted by the Consejo Nacional Electoral [National Electoral Council] pending new laws.  Its first members are appointed simultaneously, with two renewed at mid-term. (Transitory VII–VIII; new; 1961, Transitory I–XXIII:  no corresponding Indigenous electoral or initial Electoral Council procedure).

Existing Ministerio Público [Public Ministry] and Contraloría organic laws continue pending Citizen Power legislation; the Constituent Assembly appoints a provisional Ombudsman to organize that office.  The State’s fifty-per-cent Situado investment duty begins on 1 January 2001.  National vacant-land administration continues pending legislation; Indigenous habitat demarcation is due within two years.  The existing fiscal-instrument regime continues until state laws assume Art. 164(7) competence. (Transitory IX–XIII; cf. 1961, Transitory XVI–XVII:  “Until the organic law makes the appropriate provision”).

Municipal ordinances and fiscal instruments remain until implementing legislation.  Existing professional-qualification law continues pending Art. 105 legislation.  The Constituent Assembly chronicler must preserve its image, sound, written, digital, photographic, newspaper, and other records under the Archivo General de la Nación [General Archive of the Nation].  The recording provision prints “secciones y actividades”. (Transitory XIV–XVI; cf. 1961, Transitory XXIII:  “the existing legal order remains in force”).

Public and private issuing bodies must immediately use República Bolivariana de Venezuela [Bolivarian Republic of Venezuela]; routine stationery is progressively replaced within five years, and currency transition follows Central Bank law reform.  An implementing monopoly-control law must establish a supervisory body whose head is chosen by an Assembly majority after a favourable special-commission report, direct application of Art. 113 principles, and rules for public-service concession returns and financing. (Transitory XVII–XVIII; new; 1961, Transitory I–XXIII:  no corresponding republican-name transition or monopoly-supervision programme).

The closing records popular approval by constituent referendum on 15 December 1999 and proclamation by the Asamblea Nacional Constituyente [National Constituent Assembly] in Caracas on 20 December 1999, year 189 of Independence and 140 of Federation.  Luis Miquilena signs as President, Isaías Rodríguez as First Vice-President, and Aristóbulo Istúriz as Second Vice-President, with the listed national, territorial, and Indigenous constituents and secretaries Elvis Amoroso and Alejandro Andrade.  The final Cúmplase [Let it be complied with] names Luis Miquilena as Constituent Assembly President.  The closing prints “LUIS MIQUELENA”, while the compliance formula prints “LUIS MIQUILENA”. (Closing and compliance formulas, pp. 66–67; cf. 1961, Closing and execution formulas, pp. 32–33:  “on the twenty-third day of January nineteen hundred and sixty-one”).

Recension

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

Constitution of 1999:  https://cidep.online/files/constituciones/1999.pdf


“Unmasking Disappointment:  Series XXII”

October 24, 2026

“Geometric Allegory” digital painting (2023) by Ricardo Morin (American visual artist, born in Venezuela, 1954)

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


“Unmasking Disappointment: Series XVII”

September 20, 2026

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“Geometric Allegory” digital painting 2023 by Ricardo Morin (American visual artist born in Venezuela–1954)

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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

Sept 20, 2026

Bala Cynwyd, Pennsylvania


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13).  The Constitution of 1909

The 1909 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was ratified by the Asambleas Legislativas de los Estados [State Legislative Assemblies], declared sanctioned by the Congreso [Congress] in Caracas on 4 August 1909, and promulgated in the same city on 5 August, under the presidency of Juan Vicente Gómez.

DOC-PRE—Preamble:

The charter designated its introductory formula as the Prólogo [Prologue]:

“The Congress of the United States of Venezuela, in the name of Almighty God, by authority of the Peoples of the Republic, and in exercise of the faculty conferred upon it by Article 130 of the Constitution, decrees the following:  Constitution.”

The 1909 formula mentions the authority of the Peoples of the Republic and the exercise of the faculty conferred by Article 130.  The 1904 formula identified the Congress as Constituyente [Constituent] and did not cite an article of the preceding Constitution (cf. 1904, formula of sanction:  “THE CONSTITUENT CONGRESS OF THE UNITED STATES OF VENEZUELA, IN THE NAME OF ALMIGHTY GOD AND BY AUTHORITY OF THE PEOPLES OF VENEZUELA, DECREES THE FOLLOWING:  CONSTITUTION”).

FND-TER—Territory:

The Constitution declared that the Venezuelan Nation was the union of all Venezuelans under one covenant of political association for their common utility (Title I, Art. 1; new).  It declared the Nation forever and irrevocably free and independent of every foreign power or “denomination,” according to the word reproduced in the CIDEP recension, and prohibited any authority, Congress, or power from altering its republican, federal, democratic, elective, representative, alternating, and responsible form (Art. 2; new).

The territory comprised everything denominated the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with the modifications resulting from public treaties, and was divided for its better administration into Estados [States], Secciones [Sections], Distritos [Districts], Municipios [Municipalities], and Territorios Federales [Federal Territories] (Art. 3; cf. 1904, Title I, Art. 1:  “The Territory of the United States of Venezuela is the same as that which, in the year 1810, corresponded to the Captaincy General of Venezuela, with the modifications resulting from Public Treaties.”).

The Secciones [Sections] that had formed the Pacto de Unión de 1864 [Covenant of Union of 1864] resumed their sovereignty and united to constitute twenty States enumerated and denominated by the charter (Art. 4; cf. 1904, Title I, Arts. 2–3, which organized thirteen States from Districts).  Their boundaries were governed by those assigned to the former Provinces by the Law of 28 April 1856; boundary controversies were submitted to the arbitral tribunal prescribed by Article 144 (Art. 5; cf. 1904, Title I, Art. 3, § 2, and Title VIII, Art. 126).  The States could unite without relinquishing the faculty to recover their separate character and, while united, retained their rights of representation in the Consejo de Gobierno [Council of Government] and the Corte Federal y de Casación [Federal and Cassation Court] (Arts. 6–8; new in relation to the territorial organization of 1904).

The Territorios Federales Amazonas y Delta Amacuro [Amazonas and Delta Amacuro Federal Territories] could acquire the category of States if they attained the population basis required to elect one Deputy and demonstrated the capacity to attend to public services and their expenditures (Art. 9; cf. 1904, Title I, Art. 4:  “The Federal Territories may attain the category of State provided that they satisfy the following conditions: 1. To have at least one hundred thousand inhabitants; and 2. To demonstrate before Congress that they possess the capacity to attend to the public service in all its branches and to meet the expenditures that it requires.”).  The Distrito Federal [Federal District] comprised the city of Caracas, its outlying parishes, and the Departamento Vargas [Vargas Department]; Caracas was the seat of the General Powers, although the Executive could establish its transitory residence at another place within the District (Art. 10; cf. 1904, Title I, Art. 5).

The national territory could not be alienated, leased, or ceded in any manner to a foreign power (Art. 11; cf. 1904, Title I, Art. 6:  “The territory of the Nation may not be alienated in any manner to a foreign power.”).

POW-LEG—Congress:

The Legislative Power resided in a bicameral Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], composed of a Cámara del Senado [Chamber of the Senate] and a Cámara de Diputados [Chamber of Deputies] (Title V, Sec. I, Art. 35; cont. 1904, Title V, Sec. I, Art. 30:  “The Legislative Power is exercised by an Assembly denominated the Congress of the United States of Venezuela, composed of two Chambers, one of Senators and the other of Deputies.”).

Each State directly elected one Diputado [Deputy] for every thirty-five thousand inhabitants and one additional Deputy for an excess of fifteen thousand, with at least one Deputy for each State; it elected an equal number of Suplentes [Alternates].  The Deputies served four years and were renewed in their entirety (Arts. 36–38; cf. 1904, Title V, Sec. II, Art. 31:  “To form the Chamber of Deputies, each State shall elect by direct vote and in conformity with its Election Law one Deputy for every forty thousand inhabitants, and one additional Deputy for an excess of twenty thousand. […] The Deputies shall serve six years in their functions.”).  Each Asamblea Legislativa Estatal [State Legislative Assembly] elected from outside its membership two principal Senators and two Alternates, likewise for four years (Arts. 40–41; cf. 1904, Title V, Sec. III, Art. 35:  “To form this Chamber, the Legislative Assembly of each State shall elect from outside its membership two Principal Senators and two Alternates […] The Senators shall serve six years in their functions.”).

Both Chambers judged the qualifications of their members, adopted their regulations, exercised disciplinary authority, enjoyed immunity during the period fixed around their sessions, and observed the prescribed incompatibilities (Arts. 43–56; cont. 1904, Title V, Sec. IV, Arts. 38–51).  When assembled as Congreso [Congress], they examined the presidential message and ministerial accounts and elected the President of the Republic, the Consejo de Gobierno [Council of Government], and the Corte Federal y de Casación [Federal and Cassation Court].  When acting separately as co-legislative bodies, they sanctioned national legislation and exercised the powers respecting taxation, currency, debt, loans, census, sanitation, treaties, national contracts, weights and measures, military organization, Federal Territories, and declarations of war (Arts. 57–58; cf. 1904, Title V, Sec. V, Arts. 52–53).

Bills received three readings in each Chamber.  Once sanctioned, they were communicated to the President for execution and publication; the Minister of the respective branch could also initiate designated codes after prior publication of the bill in the press (Arts. 59–72; cf. 1904, Title V, Sec. VI, Arts. 54–67).

ECO-TES—Treasury:

The Congreso [Congress] decreed national taxes, determined all matters pertaining to the national debt and its interest, decreed loans upon the credit of the Nation, and sanctioned the Presupuesto General de Rentas y Gastos Públicos [General Budget of Public Revenues and Expenditures] (Title V, Art. 57, nums. 6, 10, 11, and 15; cont. 1904, Title V, Art. 52, nums. 5, 9, 10, and 14:  “To decree national taxes”; “To determine all matters pertaining to the National Debt and its interest”; “To decree loans upon the credit of the Nation”; “To sanction the General Budget of Public Revenues and Expenditures”).  The Ministros del Despacho [Ministers of the Departments] presented annually the General Budget and the general account of the preceding year (Title VI, Art. 103; cf. 1904, Title VI, Art. 86, which required biennial accounts).

No expenditure could be made from the Tesoro Nacional [National Treasury] without an express congressional appropriation in the General Budget or an additional credit approved by the Consejo de Gobierno [Council of Government].  Officials acting in contravention incurred civil liability to the Treasury; ordinary expenditures had precedence over extraordinary expenditures, and every additional credit had to be submitted to Congress for approval (Title VIII, Art. 134; cf. 1904, Title VIII, Art. 116:  “No expenditure shall be made from the National Treasury for which Congress has not expressly appropriated an amount in the General Budget of Public Expenditures […] In every disbursement, ordinary expenditures shall have precedence over extraordinary expenditures.”).

Neither the Legislative Power nor any authority of the Republic could issue paper currency, declare banknotes or other paper-represented values to be legal tender, or authorize the coinage of silver or nickel currency without prior congressional authorization conferred through the ordinary legislative procedure (Art. 135; cont. 1904, Title VIII, Art. 117).  Exports remained free from duties throughout Venezuela (Art. 133; cf. 1904, Title II, Art. 7, Basis 10:  “Not to impose contributions upon national products destined for exportation.”).

POW-EXE—Executive:

The Administración General de la Unión [General Administration of the Union] belonged to the Ejecutivo Nacional [National Executive] in every matter not attributed to another authority.  The Executive was exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela], with the Ministros del Despacho [Ministers of the Departments] as his organs and with the Consejo de Gobierno [Council of Government] in the powers expressly conferred upon that body (Title VI, Arts. 73–74; cf. 1904, Title VI, Arts. 68–69:  “[…] the Federal Executive […] is exercised by a Magistrate denominated the President of the United States of Venezuela, in union with the Ministers of the Departments, who are his organs.”).

Within the first fifteen days after their installation, the Chambers assembled as Congreso [Congress] elected the President directly, in a public and permanent session and by secret ballot; the citizen obtaining an absolute majority of the members present was elected (Arts. 75–77; cf. 1904, Title VI, Arts. 70–72:  “There shall be an Electoral Body composed of fourteen members of the National Congress, elected by it […]”).  The Constitution of 1909 does not contain the Cuerpo Electoral [Electoral Body] prescribed by Articles 70–72 of 1904.

The President was required to be Venezuelan by birth, of secular status, more than thirty years of age, and in possession of his civil and political rights (Art. 78; cf. 1904, Title VI, Art. 73:  “The President of the United States of Venezuela shall be Venezuelan by birth and more than thirty years of age […]”).  Temporary or absolute absences were supplied by the Vocal [Member] presiding over the Consejo de Gobierno [Council of Government].  If an absolute vacancy occurred during the first two years of the term, the Councillor exercising the presidency convened Congress to elect the citizen who would complete the term (Art. 79; cf. 1904, Title VI, Art. 74, which prescribed First and Second Vice Presidents).

The President’s exclusive powers included appointing and removing the Ministers; administering the Federal District and the Federal Territories; directing war and commanding the Army and Navy; executing and publishing the Constitution, laws, and decrees; issuing regulations without altering the spirit or rationale of the law; organizing the Army and the National Militia; negotiating loans decreed by Congress; supervising national revenues; regulating posts, telegraphs, and telephones; and exercising the other enumerated functions (Art. 80; cf. 1904, Title VI, Arts. 75 and 80).

With the consultative vote of the Consejo de Gobierno [Council of Government], the President convened Congress extraordinarily, declared a war decreed by Congress, directed the prescribed proceedings of the Procurador General de la Nación [Procurator General of the Nation], administered public lands, mines, saltworks, and the distilled-spirits revenue, directed diplomatic negotiations, concluded national contracts, and could exclude or expel designated foreigners (Art. 81).  With the deliberative vote of the Council, he exercised the extraordinary powers applicable during foreign war, internal commotion, or armed rebellion; employed the public force to terminate armed collisions between States or suppress rebellions; and granted amnesties and pardons (Art. 82; cf. 1904, Title VI, Art. 80, nums. 8, 9, and 11).

The President presented an annual message to Congress (Art. 83; cont. 1904, Title VI, Art. 76).  He could not be reelected for the immediately succeeding term, even if he had not completed the term for which he was elected.  Neither could a citizen who had exercised the presidency during the last year of the preceding term, nor a relative of either citizen within the fourth degree of consanguinity or the second degree of affinity, be elected for the immediately succeeding term (Art. 84; cf. 1904, Title VI, Art. 77:  “The President of the United States of Venezuela may not be reelected for the immediately succeeding term.”).  His salary was fixed by law and could not be increased except for the succeeding term (Art. 85; cont. 1904, Title VI, Art. 78).

The President ceased exercising his functions on 19 April of the final year of the term; on that date, the President of the Corte Federal y de Casación [Federal and Cassation Court] assumed the Executive until the newly elected President took office (Art. 86; cf. 1904, Title VIII, Art. 133:  “[…] precisely on 23 May, the President […] shall cease […] and the Minister of Interior Relations shall enter upon the exercise of the Presidency […]”).  The President was responsible for treason against the Fatherland and ordinary crimes (Art. 87; cont. 1904, Title VI, Art. 79).

The charter established a Consejo de Gobierno [Council of Government] composed of ten Vocales [Members], elected by Congress every four years to represent ten regional groupings.  The Council rendered the consultative and deliberative votes required for presidential powers, authorized additional credits, and could report upon legislation and administration (Arts. 88–97).  The Constitution of 1904 does not contain a Consejo de Gobierno [Council of Government].  The Ministros del Despacho [Ministers of the Departments] were the President’s sole and necessary legal organs, countersigned his acts, incurred personal responsibility for them and joint responsibility for matters resolved in the Consejo de Ministros [Council of Ministers], and presented annual reports and accounts to Congress (Arts. 98–105; cf. 1904, Title VI, Arts. 81–88).

POW-JUD—Judicial Power:

The Judicial Power resided in the Corte Federal y de Casación [Federal and Cassation Court] and in the other tribunals and courts established by law.  Judicial officials were responsible for treason against the Fatherland, bribery or corruption, violation of the Constitution and laws, and ordinary crimes (Title VII, Arts. 106–107; cont. 1904, Title VII, Arts. 89–90).

The Corte Federal y de Casación [Federal and Cassation Court] was the Supreme Tribunal of the Federation and the States.  It was composed of seven Vocales [Members] elected by Congress every four years; the groupings of States and the Federal District presented two candidates, and those not elected became Alternates (Arts. 108–111; cf. 1904, Title VII, Arts. 91–94:  “The Federal and Cassation Court […] shall be composed of seven Members […]”, whose members served six years).  The Members were required to be Venezuelan by birth, more than thirty years of age, and attorneys of the Republic (Art. 108, sole paragraph; cont. 1904, Title VII, Art. 91, sole §).

The Court heard constitutional accusations against the President, Councillors of Government, Ministers, the Procurador General [Procurator General], the Governor of the Federal District, and its own members; proceedings against senior State officials; diplomatic causes; civil suits in which the Nation was defendant; cassation proceedings; prize causes; jurisdictional controversies; the constitutionality of laws; the nullity of acts contrary to the Constitution or State autonomy; controversies arising from presidential contracts; the recognition of foreign judgments; and the other matters attributed by the Constitution and laws (Art. 112; cf. 1904, Title VII, Art. 95).  It presented annually to Congress an account of its work and a report upon impediments to the uniformity of civil, criminal, and commercial legislation (Art. 113; cf. 1904, Title VII, Art. 96, which required a biennial account).  Its Members could not accept employment dependent upon the Executive while exercising their functions, and their remuneration was fixed by law (Arts. 114–115; cont. 1904, Title VII, Arts. 97–98).

The Ministerio Público [Public Ministry] was entrusted to the Procurador General de la Nación [Procurator General of the Nation], who was required to be Venezuelan by birth, more than thirty years of age, and an attorney, and who served two years with two Alternates (Arts. 116–118; cont. 1904, Title VII, Arts. 99–101).  The Procurator promoted the execution of laws, issued legal opinions, supervised federal officials, instituted the prescribed accusations, exercised the Ministerio Fiscal [Fiscal Ministry], and defended the interests of the Nation (Art. 119; cont. 1904, Title VII, Art. 102).

Recensional note:  the CIDEP reproduction of Article 109 omits the Sixth Grouping and enumerates six groupings for a Court of seven Members.  The same recension proceeds from Article 130 to Article 132.  This corpus records both lacunae without supplying text.

POW-SUB—Subnational Government:

The States of the Union were autonomous and equal as political entities and retained the sovereignty not delegated by the Constitution, subject to the obligations of the Bases de la Unión [Bases of the Union] (Title II, Art. 12; cont. 1904, Title II, Art. 7:  “The States forming the Venezuelan Union are autonomous and equal as political entities and retain in its plenitude the sovereignty not delegated by this Constitution […]”).  Every matter not expressly attributed to the General Administration of the Nation belonged to the States; their constitutional terms were to endure four years from 20 February 1910 (Title VIII, Art. 120; cf. 1904, Title VIII, Art. 103:  “[…] the constitutional terms of their Public Powers shall be three years, counted from 1 January 1905.”).

The State tribunals were independent, subject to no review other than that of the Corte Federal y de Casación [Federal and Cassation Court] in the cases permitted by law (Art. 122; cont. 1904, Title VIII, Art. 105).  Every act of the Legislative Chambers or the Federal Executive that violated rights guaranteed to the States or attacked their autonomy was to be declared null by the Court (Art. 123; cont. 1904, Title VIII, Art. 106).

The Federal Government could not maintain within the States resident officials vested with jurisdiction or authority other than the express exceptions for the Treasury, Public Instruction, administration of mines, public lands, saltworks, and the distilled-spirits revenue, and military services at frontiers, fortresses, parks, naval stations, and authorized ports (Art. 129; cont. 1904, Title VIII, Art. 112).  Any citizen could accuse national or State officials before the tribunals or authorities designated by law (Art. 132; cont. 1904, Title VIII, Art. 115).  For the civil and political acts of the States, the governing population was that determined by the latest census approved by Congress (Art. 151; cont. 1904, Title VIII, Art. 134).

CON-AMD—Amendment of the Constitution:

The Constitution admitted amendments and additions, but Congress could decree them only in ordinary sessions, upon the request of three-fourths of the State Legislative Assemblies meeting in ordinary session and upon the points on which a majority of the States concurred.  They could not enter into force until after the renewal of the Public Powers that had requested or sanctioned them (Title VIII, Art. 145; cf. 1904, Title VIII, Art. 127:  “This Constitution is susceptible of amendments or additions; but neither may be decreed by the National Congress except in ordinary sessions and when requested by three-fourths of the Legislative Assemblies of the States in ordinary sessions.”).

The amendments followed the ordinary legislative procedure; once approved by Congress, its President remitted them to the Legislative Assemblies for definitive ratification.  Congress could also initiate amendment, but it required ratification by three-fourths of the Assemblies.  Irrespective of the origin of the initiative, the definitive vote returned to Congress for canvass (Arts. 146–149; cont. 1904, Title VIII, Arts. 128–131).

CIV-SUF—Suffrage:

All Venezuelans more than twenty-one years of age who satisfied the constitutional and legal conditions were electors and eligible for public office (Title III, Art. 15; cont. 1904, Title III, Art. 10:  “Venezuelans more than twenty-one years of age are electors and eligible, subject only to the conditions expressed in this Constitution and the laws.”).  Freedom of suffrage appeared among the guaranteed rights (Art. 23, num. 11; cont. 1904, Title III, Art. 17, num. 11).

The Bases de la Unión [Bases of the Union] required direct vote for the Concejos Municipales [Municipal Councils], the Asambleas Legislativas [Legislative Assemblies], and the Cámara de Diputados [Chamber of Deputies], and indirect or delegated vote for the other officials of popular election; both forms were to be secret and based upon the electoral census (Title II, Art. 12, num. 19; cf. 1904, Title II, Art. 7, num. 19:  “[…] the direct vote, and for their other officials of popular election, the direct or delegated vote […]”).  During electoral periods, the National Public Force and the forces of the States remained quartered during popular elections (Title VIII, Art. 137; cont. 1904, Title VIII, Art. 119).

CIV-CIT—Citizenship:

The Constitution distinguished between Venezuelans by birth and by naturalization (Title III, Art. 13; cont. 1904, Title III, Art. 8:  “Venezuelans are such by birth or by naturalization.”).  Venezuelans by birth were those born in Venezuela and the children of Venezuelan parents, irrespective of their place of birth.  Venezuelans by naturalization were the children of a Venezuelan father or mother by naturalization, born outside the Republic, who established domicile in the country and manifested their will; persons born in the Hispanic-American Republics who established residence and declared their will; foreigners who obtained letters of naturalization; and a foreign woman married to a Venezuelan under the prescribed conditions (Art. 13; cf. 1904, Title III, Art. 8).

The declaration of will was made before the Registrador Principal [Principal Registrar] of the applicant’s domicile and transmitted to the Executive for publication in the Gaceta Oficial [Official Gazette] (Art. 14; cont. 1904, Title III, Art. 9:  “The declaration of the will to be Venezuelan must be made before the Principal Registrar […] who […] shall send a copy of it to the National Executive for publication in the Official Gazette.”).  Venezuelans were required to serve the Nation in conformity with law and enjoyed equal rights throughout the territory of the Republic (Arts. 16–17; cont. 1904, Title III, Arts. 11–12).

The rights of citizenship were suspended for undertaking to serve against Venezuela; for a sentence carrying interdiction or disqualification; for an official’s acceptance of offices, honors, or rewards from a foreign government without authorization from the Senate; and for judicial interdiction (Art. 18; new).  The rights and duties of foreigners were remitted to law, subject to the provisions respecting political participation, indemnities, and treaties (Arts. 19–22; cont. 1904, Title III, Arts. 13–16).

RTS-GAR—Rights:

The Nation guaranteed the inviolability of life and abolished capital punishment, irrespective of the law establishing it or the authority ordering it (Title III, Art. 23, num. 1; cf. 1904, Title III, Art. 17, num. 1:  “The inviolability of life, capital punishment being abolished.”).  It protected property, subject to legislative contributions, judicial decision, and taking for public utility after prior indemnification and adversarial proceedings (Art. 23, num. 2; cont. 1904, Title III, Art. 17, num. 2).

The charter guaranteed correspondence and private papers, the domestic home, personal liberty, expression and the press, transit, industry, assembly and association, petition, suffrage, education, religion, individual security, and equality (Art. 23, nums. 3–15).  The text of 1909 provided that, in causes relating to expression, the accused could not be detained before final judgment; included the right to depart from the Republic and return with one’s property; subjected industry to public order and good morals and prohibited games of chance, raffles, and lotteries; prohibited a second trial for the same offense; and declared infamous punishments abolished (cf. 1904, Title III, Art. 17, nums. 6–8 and 14).

The enumeration did not prevent the States from recognizing other rights and did not deny other rights that might belong to citizens (Arts. 24–25; cf. 1904, Title III, Art. 18:  “The preceding enumeration does not restrict the faculty of the States to accord other rights to their inhabitants.”; new in relation to the general clause of Art. 25).  A person who issued, signed, executed, or ordered the execution of decrees or resolutions violating the guaranteed rights was culpable under law and was required to indemnify the injured party (Art. 26; cf. 1904, Title III, Art. 20).  Regulatory laws that impaired those rights were unconstitutional and without effect (Art. 27; cont. 1904, Title III, Art. 21).

REG-MIL—The Armed Force:

The Congreso [Congress] fixed annually the number of naval and land forces, issued Army ordinances and the law for the formation and replacement of the forces, determined the manner of conferring military grades and promotions, conferred grades from Lieutenant Colonel upward, and decided upon the admission of foreigners into the service of the Republic (Title V, Art. 57, nums. 23–27).  The power respecting admission of foreigners belonged to Congress under Article 57, num. 23, of 1909 and to the Executive under Article 80, num. 21, of 1904.  The President directed war, commanded the Army and Navy, and organized the Army and the National Militia (Title VI, Art. 80, nums. 6 and 10; cf. 1904, Title VI, Arts. 75, num. 6, and 80, num. 4).

During foreign war, internal commotion, or armed rebellion, and after a declaration that public order was disturbed, the President exercised the enumerated extraordinary powers with the deliberative vote of the Consejo de Gobierno [Council of Government] (Art. 82; cf. 1904, Title VI, Art. 80, num. 8).  The Fuerza Pública Nacional [National Public Force] was divided into naval and land forces and was composed of citizen militias; it could be increased in time of war.  Military and civil authority could not be exercised simultaneously by the same person or corporation except during disturbances of public order.  During elections, the National Public Force and the State forces remained quartered.  The armed force could not deliberate, was passive and obedient, and could require assistance only through the civil authorities (Title VIII, Arts. 124–127, 137, and 140; cont. 1904, Title VIII, Arts. 107–110, 119, and 122).

The Constitution of 1909 does not contain the office of Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army].  Article 43 of the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914 regulated that office for the provisional period.  Article 57, num. 2, of the June 1914 Constitution authorized Congress to appoint that officer annually.

REG-REL—Religion:

Religious liberty could not impair the Republic’s derecho de Patronato [right of Patronage], which was to be exercised in conformity with law, and the Federal Executive retained supreme inspection over every established or future form of worship (Title III, Art. 23, num. 13; cf. 1904, Title III, Art. 17, num. 13:  “Religious liberty in conformity with the laws and under the supreme inspection of the President of the Republic.”).  The Nation was to exercise the Patronato Eclesiástico [Ecclesiastical Patronage] in conformity with the Law of 28 July 1824 (Title VIII, Art. 128; cont. 1904, Title VIII, Art. 111).

ECO-INF—Infrastructure:

The States ceded to the Federal Government the territory necessary for fortresses, wharves, warehouses, shipyards, penitentiaries, and other works indispensable to the administration (Title II, Art. 12, num. 7; cont. 1904, Title II, Art. 7, num. 7:  “To cede to the Government of the Federation the territory necessary to erect fortresses, wharves, warehouses, shipyards, penitentiaries, and other works indispensable to the general administration.”).  They reserved to the Federal Power legislative and executive jurisdiction over maritime, coastal, and river navigation, wharves, and national roads; roads passing beyond the boundaries of one State and leading to another State, the Federal District, or the Federal Territories were national roads (Art. 12, num. 9; cont. 1904, Title II, Art. 7, num. 9).

The President regulated federal posts, telegraphs, and telephones and could create or abolish stations or offices when urgently required, reporting to Congress (Title VI, Art. 80, num. 14; cont. 1904, Title VI, Art. 80, num. 17).  Congress legislated respecting the Federal District and the Federal Territories, sanitation, statistics, and works encompassed within the general powers of the Federal Power (Title V, Art. 57, nums. 4, 12, 16, and 21).

CON-FIN—Final Provisions:

The Constitution was to be promulgated and enter into force when Congress, after canvassing the votes of the State Legislative Assemblies, ascertained ratification of the amendments and additions (Title VIII, Art. 153; new).  It opened a provisional period until 19 April 1910 for preparation of the definitive organization of the Republic (Art. 154; new).  During that period, Congress was to elect a Provisional President under the formalities established for the office, and the Provisional President could issue the measures, decrees, and regulations necessary for political and administrative organization (Transitory Provisions, Arts. 155–156; new).

The constitutional terms of the Federal Power were to endure four years from 19 April 1910 (Art. 150; cf. 1904, Title VIII, Art. 132:  “The constitutional terms of the Federal Power shall endure six years, counted from 23 May 1905.”).  The date of Independence was to be computed from 19 April 1810 (Art. 152; cf. 1904, Title VIII, Art. 135:  “[…] the date of Independence from 5 July 1811 […]”).  The Final Provision repealed the Constitution of 27 April 1904 (Art. 157; new).  The charter was given at the Palacio Federal Legislativo [Federal Legislative Palace] in Caracas on 4 August 1909 and ordered executed on 5 August by J. V. Gómez and the Minister of Interior Relations.

Note:  the original text of the 1909 Constitution may be consulted in the CIDEP Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]:  https://cidep.online/files/constituciones/1909.pdf

*

14).  The Constitution of 1914

The 1914 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was ratified by the Asambleas de Plenipotenciarios de los Distritos de los Estados [Assemblies of Plenipotentiaries of the Districts of the States], declared sanctioned by the Congreso de Diputados Plenipotenciarios [Congress of Plenipotentiary Deputies] in Caracas on 13 June 1914, and promulgated in the same city on 19 June, under the provisional presidency of Victorino Márquez Bustillos.  It was preceded by the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914.

Historical reference

President Victorino Márquez Bustillos exercised the provisional presidency from 1914 until 1922.  During that period, President Juan Vicente Gómez held military command as Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  Following his election by Congress in 1915, Gómez remained President-elect without assuming the presidency, while Márquez Bustillos continued to exercise the provisional presidency.

Source: Ramón J. Velásquez, “Gómez, Juan Vicente,” Diccionario de Historia de Venezuela, Fundación Empresas Polar.

https://bibliofep.fundacionempresaspolar.org/dhv/entradas/g/gomez-juan-vicente

DOC-PRE—Preamble:

The charter opened with a formula of sanction by the Congreso de Diputados Plenipotenciarios [Congress of Plenipotentiary Deputies]:

“The Congress of Plenipotentiary Deputies of the States forming the Venezuelan Union, in exercise of the power conferred upon it by the Assemblies of Plenipotentiary Deputies of the Districts of the States, in the name of Almighty God, decrees the present:  Constitution.”

The 1914 formula mentions the power conferred by the Assemblies of Plenipotentiary Deputies of the Districts of the States.  The 1909 formula mentioned the authority of the Peoples of the Republic and the faculty conferred by Article 130 of that Constitution (cf. 1909, Prólogo [Prologue]:  “The Congress of the United States of Venezuela, in the name of Almighty God, by authority of the Peoples of the Republic, and in exercise of the faculty conferred upon it by Article 130 of the Constitution, decrees the following:  Constitution.”).

FND-TER—Territory:

The territory comprised everything denominated the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with the modifications resulting from public treaties, and consisted of the territories of the States, the Distrito Federal [Federal District], the Territorios Federales Amazonas y Delta Amacuro [Amazonas and Delta Amacuro Federal Territories], and the Venezuelan islands in the Caribbean Sea (Title I, Art. 1; cf. 1909, Title I, Art. 3:  “The territory of Venezuela comprises everything denominated the Captaincy General of Venezuela before the political transformation of 1810, with the modifications resulting from Public Treaties.  For its better administration, it is divided into States, Sections, Districts, Municipalities, and Federal Territories.”).

The general boundaries of each State were those then existing, determined by the Law of 28 April 1856, subject to the modifications established by the Constitution of 1909 (Art. 2; cf. 1909, Title I, Art. 5).  Boundary controversies were submitted by the Cámara del Senado [Chamber of the Senate], upon the request of one or more of the respective States, to a tribunal of arbitrators exercising equitable powers and freely appointed by the Federal Executive (Art. 3; cf. 1909, Title I, Art. 5, sole paragraph, and Title VIII, Art. 144).

The Distrito Federal [Federal District] comprised the city of Caracas, its outlying parishes, and the Departamento Vargas [Vargas Department]; Caracas was the capital and seat of the General Powers, although the Executive could establish its transitory residence elsewhere within the Federal District (Arts. 4 and 6; cont. 1909, Title I, Art. 10).  The Amazonas and Delta Amacuro Territories could attain the category of States upon satisfying the prescribed population and administrative-capacity conditions.  The Venezuelan islands of the Caribbean Sea depended directly upon the Federal Executive until they could be constituted as one or more Territories (Art. 5; cf. 1909, Title I, Art. 9).

The national territory could not be alienated, leased, or ceded in any manner to a foreign power (Art. 7; cont. 1909, Title I, Art. 11:  “The territory of the Nation may not be alienated, leased, or ceded in any manner to a foreign power.”).

POW-LEG—Congress:

The Legislative Power resided in the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], composed of a Cámara de Diputados [Chamber of Deputies] and a Cámara del Senado [Chamber of the Senate] (Title V, Art. 34; cont. 1909, Title V, Art. 35:  “The Legislative Power is exercised by an Assembly denominated the Congress of the United States of Venezuela, composed of two Chambers, one of Senators and the other of Deputies.”).

Each State directly elected one Diputado [Deputy] for every thirty-five thousand inhabitants and one additional Deputy for an excess of fifteen thousand, with at least one Deputy for each State and an equal number of Alternates.  The Deputies served three years and were renewed in their entirety (Arts. 35–37; cf. 1909, Title V, Art. 36:  “[…] one for every thirty-five thousand inhabitants, and one additional Deputy for an excess of fifteen thousand […] The Deputies shall serve four years in their functions and shall be renewed in their entirety.”).  Each Asamblea Legislativa [Legislative Assembly] elected two principal Senators and two Alternates for three years, with the Senate renewed in its entirety (Arts. 39–40; cf. 1909, Title V, Art. 40:  “[…] two Principal Senators, and two Alternates […] The Senators shall serve four years in their functions.”).

The Chambers judged the qualifications of their members, adopted their regulations, maintained the order of their sessions, enjoyed immunity, and observed the constitutional incompatibilities (Arts. 42–53; cont. 1909, Title V, Arts. 43–56).  When assembled as Congreso [Congress], they conducted the constitutional elections, examined the presidential message and ministerial accounts, could appoint annually a Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army], and could elevate Territories to the category of States (Arts. 54–57; cf. 1909, Title V, Art. 57).  When acting separately as co-legislative bodies, they exercised legislative powers respecting taxation, currency, debt, loans, sanitation, census, treaties, contracts and concessions, the budget, militia, war, ports, and coasts (Art. 58; cf. 1909, Title V, Art. 57).

Laws and decrees could be initiated in either Chamber and also by the competent Minister after prior publication of the bill.  They received three readings in each Chamber and, once sanctioned, were remitted to the President for execution and publication (Arts. 59–71; cont. 1909, Title V, Arts. 59–72).

ECO-TES—Treasury:

The Chambers, acting as co-legislative bodies, decreed national taxes and authorized their collection for each fiscal year, determined the national debt and its interest, decreed loans, and sanctioned the Presupuesto General de Rentas y Gastos Públicos [General Budget of Public Revenues and Expenditures] (Title V, Art. 58, nums. 2, 6, 7, and 11; cf. 1909, Title V, Art. 57, nums. 6, 10, 11, and 15).  The President negotiated the decreed loans and administered public lands, mines, saltworks, and the distilled-spirits revenue (Title VI, Art. 79, nums. 9 and 18; cf. 1909, Title VI, Arts. 80, num. 12, and 81, num. 4).  The Ministros del Despacho [Ministers of the Departments] presented annually the draft General Budget, the Cuenta General de Rentas y Gastos [General Account of Revenues and Expenditures], and the accounts of their departments (Art. 89; cf. 1909, Title VI, Art. 103).

No expenditure could be made from the Tesoro Nacional [National Treasury] without an express congressional appropriation or a Crédito Adicional [Additional Credit] approved by the Consejo de Ministros [Council of Ministers] and authorized by Executive Decree.  Officials acting in contravention incurred civil liability; ordinary expenditures had precedence over extraordinary expenditures, and every credit had to be submitted to Congress at its next meeting (Title VIII, Art. 118).  Article 118 of 1914 required the affirmative vote of the Council of Ministers; Article 134 of 1909 required the affirmative vote of the Consejo de Gobierno [Council of Government] (cf. 1909, Title VIII, Art. 134:  “No expenditure shall be made from the National Treasury […] unless an additional credit has been accorded with the affirmative vote of the Council of Government.”).

Neither the Legislative Power, the Executive Power, nor any authority could issue paper currency, declare banknotes or other paper-represented values to be legal tender, or authorize silver or nickel currency without prior legislative authorization (Art. 119; cf. 1909, Title VIII, Art. 135).  Exports remained free from duties (Art. 117; cont. 1909, Title VIII, Art. 133).

POW-EXE—Executive:

The Administración General de la Unión [General Administration of the Union] belonged to the Ejecutivo Federal [Federal Executive], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] with the Ministros del Despacho [Ministers of the Departments] as his organs (Title VI, Arts. 72–73; cf. 1909, Title VI, Arts. 73–74).  Within the first fifteen days after their installation, the Chambers assembled as Congreso [Congress] elected the President by secret ballot in a public and permanent session (Arts. 74–76; cont. 1909, Title VI, Arts. 75–77).

Temporary absences were supplied by the Minister designated by the President.  Upon an absolute vacancy, the President of the Corte Federal y de Casación [Federal and Cassation Court] assumed the Executive and immediately convened Congress to elect the citizen who would complete the term (Art. 77; cf. 1909, Title VI, Arts. 79 and 86:  “Temporary or absolute absences […] shall be supplied by the Member presiding over the Council of Government.”).  The President was required to be Venezuelan by birth, of secular status, more than thirty years of age, and in possession of his civil and political rights (Art. 78; cont. 1909, Title VI, Art. 78).

The Constitution conferred upon him the execution of the Constitution and laws; appointment and removal of Ministers and officials; administration of the Federal District and the Territories; negotiation of loans, treaties, and contracts; administration of public lands, mines, saltworks, and the distilled-spirits revenue; direction and organization of the armed force; regulation of communications; and the other enumerated powers (Art. 79; cf. 1909, Title VI, Arts. 80–82).  The Constitution of 1914 does not contain the Consejo de Gobierno [Council of Government] regulated by Articles 88–97 of 1909.  The powers that Articles 81–82 of 1909 subjected to the consultative or deliberative vote of that Council appear among the presidential powers in Article 79 of 1914.

During foreign war, internal commotion, or armed rebellion, and after a declaration that public order was disturbed, the President exercised the extraordinary powers of Article 79 until the restoration of peace (Art. 79, num. 23; cf. 1909, Title VI, Art. 82).  The military, extraordinary, pacificatory, and amnesty powers in numbers 22–25 were exercised in conformity with the determination of Congress when it appointed a Comandante en Jefe [Commander in Chief] (Art. 79, sole paragraph; no equivalent provision identified in the Constitution of 1909).

The President presented an annual message to Congress, received the salary established by law, was responsible for treason and ordinary crimes, and ceased in office on 19 April of the final year of the term, when the President of the Court assumed the Executive provisionally (Arts. 80–83; cont. 1909, Title VI, Arts. 83, 85–87).  The charter of 1914 does not contain the prohibition upon immediate presidential reelection or the familial disqualifications established by Article 84 of 1909.

The Ministros del Despacho [Ministers of the Departments] were the President’s sole and necessary legal organs, countersigned his acts, incurred personal responsibility and, with respect to matters resolved in the Consejo de Ministros [Council of Ministers], joint responsibility; presented annual reports and accounts; and were responsible for treason, constitutional or legal violation, expenditures exceeding appropriations, bribery, embezzlement, and ordinary crimes (Arts. 84–91; cf. 1909, Title VI, Arts. 98–105).

POW-JUD—Judicial Power:

The Judicial Power resided in the Corte Federal y de Casación [Federal and Cassation Court] and the other tribunals established by law; judicial officials were responsible for treason, bribery, constitutional or legal violation, and ordinary crimes (Title VII, Arts. 92–93; cont. 1909, Title VII, Arts. 106–107).

The Court was the Supreme Tribunal of the Federation and the States and was composed of seven Vocales [Members] elected by Congress.  The term of the Members was seven years in 1914 and four years in 1909.  The Members were required to be Venezuelan by birth, of secular status, more than thirty years of age, and attorneys (Arts. 94–97; cf. 1909, Title VII, Art. 108:  “The Federal and Cassation Court […] shall be composed of seven Members elected by Congress every four years […]”).  The groupings of States and the Federal District presented the candidates, and those not elected became Alternates (Arts. 95–96; cf. 1909, Title VII, Arts. 109–110).

The Court heard accusations against the President, Ministers, the Procurador General [Procurator General], the Governor of the Federal District, and its own members; proceedings against State officials; diplomatic causes; claims against the Nation; cassation proceedings; prize causes; jurisdictional controversies; the constitutionality and collision of laws; the nullity of acts contrary to the Constitution or State autonomy; contractual controversies; recognition of foreign judgments; proceedings for nullity of titles to mines, public lands, and municipal lands; and controversies arising from a refusal to issue those titles (Art. 98; cf. 1909, Title VII, Art. 112).  It presented an annual report to Congress; its Members could not accept employment dependent upon the Executive while exercising office, and their remuneration was fixed by law (Arts. 99–101; cont. 1909, Title VII, Arts. 113–115).

The Ministerio Público [Public Ministry] was entrusted to the Procurador General [Procurator General], who was required to be Venezuelan by birth, more than thirty years of age, and an attorney.  The Procurator’s term was three years in 1914 and two years in 1909; two Alternates supplied his absences (Arts. 102–104; cf. 1909, Title VII, Arts. 116–118).  His functions comprised promoting the execution of laws, issuing legal opinions, supervising federal employees, instituting accusations, exercising the Ministerio Fiscal [Fiscal Ministry], and representing the Nation judicially (Art. 105; cont. 1909, Title VII, Art. 119).

POW-SUB—Subnational Government:

The twenty States of the Union reciprocally recognized their autonomy, were equal as political entities, and retained the sovereignty not delegated to the Nation, subject to the Bases de la Unión [Bases of the Union] (Title II, Art. 19; cf. 1909, Title II, Art. 12:  “The States forming the Venezuelan Union are autonomous and equal as political entities: they retain in its plenitude the sovereignty not delegated by this Constitution […]”).  Two or more States could unite to form one State and subsequently recover their separate character; while united, they retained their rights of representation in the Senate and of presenting Members for the Court (Arts. 20–21; cont. 1909, Title I, Arts. 6–7).

Every matter not expressly attributed to the General Administration of the Nation belonged to the States, whose constitutional terms were to endure three years from 20 February 1915 (Title VIII, Art. 106; cf. 1909, Title VIII, Art. 120:  “[…] the constitutional terms of their Public Powers shall endure four years, counted from 20 February 1910.”).  The State tribunals were independent, subject only to review by the Court in the cases permitted by law (Art. 108; cont. 1909, Title VIII, Art. 122).

The Federal Government could not maintain in the States resident officials vested with jurisdiction or authority other than the exceptions respecting the Treasury, Public Instruction, posts, telegraphs, telephones, sanitation, administration of mines, public lands, saltworks, and distilled spirits, and military establishments (Art. 113; cf. 1909, Title VIII, Art. 129).  Any citizen could accuse national or State officials before the authorities designated by law (Art. 116; cont. 1909, Title VIII, Art. 132).

CON-AMD—Amendment of the Constitution:

Amendments and additions could be decreed only in ordinary sessions of Congress, upon the request of three-fourths of the Legislative Assemblies meeting in ordinary session and upon the points on which a majority of the States concurred (Title VIII, Art. 130).  Article 130 of 1914 does not contain the requirement to await renewal of the Public Powers; Article 145 of 1909 contained that requirement (cf. 1909, Title VIII, Art. 145:  “[…] amendments or additions shall never be made except upon the points on which a majority of the States concur, nor may they be put into force until after the renewal of the Public Powers of the Nation that requested or sanctioned them.”).

Amendments followed the legislative procedure; the President of Congress submitted them to the State Assemblies for ratification; Congress could initiate them, subject to ratification by three-fourths; and the definitive vote returned to Congress for canvass (Arts. 131–134; cont. 1909, Title VIII, Arts. 146–149).

Recensional note:  in the CIDEP reproduction of Article 130, the words “or of additions; but neither shall be decreed” appear twice consecutively.  They appear once in this summary.

CIV-SUF—Suffrage:

Venezuelans more than twenty-one years of age who satisfied the constitutional conditions were electors and eligible (Title I, Art. 12; cf. 1909, Title III, Art. 15:  “All Venezuelans more than twenty-one years of age are electors and eligible, subject only to the conditions expressed in this Constitution and the laws.”).  Freedom of suffrage appeared among the guarantees, subject only to the Constitution and laws (Title III, Art. 22, num. 11; cont. 1909, Title III, Art. 23, num. 11).

All Venezuelans enjoying the rights of citizenship could elect and be elected to public offices (Title VIII, Art. 123; new).  During voting, members of the Fuerza Pública Nacional [National Public Force] who were on duty remained quartered (Art. 124).  Article 124 of 1914 mentions members of the National Public Force who were on duty and does not mention the State forces; Article 137 of 1909 mentioned the National Public Force and the forces of the States (cf. 1909, Title VIII, Art. 137:  “During electoral periods, the National Public Force and those of the States shall remain quartered for the duration of the popular elections.”).

CIV-CIT—Citizenship:

The Constitution of 1914 employed the categories nationality of origin and acquired nationality; the Constitution of 1909 employed the categories birth and naturalization (Title I, Art. 10; cf. 1909, Title III, Art. 13:  “Venezuelans are such by birth or by naturalization.”).  Venezuelans by birth were those born in the territory and the children of Venezuelan parents.  Nationality was acquired by adult children of a Venezuelan father or mother by naturalization, born abroad, who established domicile and manifested their will; by persons born in Hispanic-American Republics who satisfied the enumerated conditions; by persons who obtained letters of naturalization; and by a foreign woman married to a Venezuelan under the prescribed conditions (Art. 10; cf. 1909, Title III, Art. 13).

The declaration was made before the Registrador Principal [Principal Registrar] and did not produce effect until the Executive ordered and completed its publication in the Gaceta Oficial [Official Gazette] (Art. 11; cf. 1909, Title III, Art. 14:  “[…] shall send a copy of it to the National Executive for publication in the Official Gazette.”).  Venezuelans were required to serve the Nation and enjoyed equal rights and duties in the Union (Arts. 12–14; cf. 1909, Title III, Arts. 15–17).  The four causes of suspension enumerated in Article 18 of 1909 also appear in Article 24 of 1914; the latter also mentions gifts from foreign governments among the acceptances prohibited to officials.  The rights and duties of foreigners were remitted to law, could not exceed those of Venezuelans, and were subject to the constitutional provisions respecting political participation, indemnification, and treaties (Arts. 15–18; cf. 1909, Title III, Arts. 19–22).

RTS-GAR—Rights:

The charter guaranteed the inviolability of life and abolished capital punishment irrespective of its source (Title III, Art. 22, num. 1; cont. 1909, Title III, Art. 23, num. 1).  It protected property, subject to legislative contributions, judicial decision, sanitary measures prescribed by law, and taking for public utility after adversarial proceedings and indemnification (Art. 22, num. 2; cf. 1909, Title III, Art. 23, num. 2:  “[…] it shall be subject only to contributions decreed by the Legislative Authority, to judicial decision, and to taking for works of public utility, after prior indemnification and adversarial proceedings.”).

It also guaranteed postal and telegraphic correspondence and private papers, the home, personal liberty, expression and the press, transit, industry, assembly and association, petition, suffrage, education, religion, individual security, and equality (Art. 22, nums. 3–15; cf. 1909, Title III, Art. 23, nums. 3–15).  Article 22 of 1914 authorized entry into the home for sanitary reasons; permitted bail securing release in the specified causes relating to expression; declared the grant of monopolies abolished; subjected freedom of association to the exceptions of the cited laws; fixed thirty days as the maximum duration of the preliminary investigation; and fixed twenty years as the maximum corporal punishment.  Article 23 of 1909 did not contain the sanitary provisions or the maximum duration of the preliminary investigation; provided that an accused person in a cause relating to expression could not be detained before final judgment; prohibited games of chance, raffles, and lotteries; did not cite laws restricting association; and fixed fifteen years as the maximum corporal punishment.

The enumeration did not deny other rights of citizens (Art. 23; cont. 1909, Title III, Art. 25).  The Constitution of 1914 does not contain a provision equivalent to Article 24 of 1909, which permitted the States to accord other rights to their inhabitants.  A person who violated guaranteed rights by decree, order, or resolution was culpable and was to be punished (Art. 25).  Article 25 of 1914 does not contain the sentence respecting indemnification included in Article 26 of 1909 (cf. 1909, Title III, Art. 26:  “The culpable person shall indemnify the injured party for the prejudice caused.”).  Laws that impaired rights in regulating their exercise were unconstitutional and without effect (Art. 26; cont. 1909, Title III, Art. 27).

REG-MIL—The Armed Force:

The Chambers assembled as Congreso [Congress] could appoint annually, if they considered it appropriate and within the first fifteen days after their installation, a Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army] and determine his functions (Title V, Art. 57, num. 2).  The Constitution of 1909 does not contain that office; Article 43 of the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] regulated it for the provisional period beginning on 19 April 1914.  As co-legislative bodies, the Chambers legislated respecting the militia, issued Army ordinances and the law for formation and replacement of the naval and land forces, decided upon foreigners in the service of the Republic, and decreed war (Art. 58, nums. 8, 16, 18–20; cf. 1909, Title V, Art. 57, nums. 23 and 26–28).

The President declared a war decreed by Congress, directed military operations, commanded the Army and Navy, organized the Army and Militia, and fixed annually the number of the forces (Title VI, Art. 79, nums. 17 and 22; cf. 1909, Title VI, Arts. 80, nums. 6 and 10, and 81, num. 2).  He exercised the extraordinary powers during war, commotion, or rebellion and could employ the public force to terminate armed collisions between States or rebellions (Art. 79, nums. 23–24; cf. 1909, Title VI, Art. 82).  When Congress appointed the Commander in Chief, powers 22–25 were exercised in conformity with its determination (Art. 79, sole paragraph).  Article 138 prescribed for the transitory period that the Provisional President exercise those powers in agreement with the Commander in Chief.

The Fuerza Pública Nacional [National Public Force] was divided into naval and land forces and was composed of citizen militias; the contingent could be increased in time of war.  Military and civil authority could not coincide except during disturbances of public order; all elements of war belonged to the Nation; members on duty remained quartered during voting; and the armed force was passive, obedient, and non-deliberative, without authority to make requisitions or demand assistance except through the civil authority (Title VIII, Arts. 109–111, 115, and 124–125; cf. 1909, Title VIII, Arts. 124–127, 137, and 140).

REG-REL—Religion:

The Constitution guaranteed religious liberty in conformity with law and under the Federal Executive’s supreme inspection of every form of worship (Title III, Art. 22, num. 13; cf. 1909, Title III, Art. 23, num. 13:  “Religious liberty, without impairment for any reason of the right of Patronage possessed by the Republic, which shall continue to be exercised in the manner prescribed by law, it being likewise understood that the Federal Executive shall exercise supreme inspection over every form of worship established or to be established in the country.”).  The Nation continued to exercise the Patronato Eclesiástico [Ecclesiastical Patronage] in conformity with the Law of 28 July 1824 (Title VIII, Art. 112; cont. 1909, Title VIII, Art. 128).

ECO-INF—Infrastructure:

The States ceded to the Federal Government the territory necessary for fortresses, wharves, warehouses, shipyards, penitentiaries, lines of communication, quarantine stations, national buildings, and other works indispensable to the General Administration (Title II, Art. 19, num. 7).  Article 19 of 1914 mentions lines of communication, quarantine stations, and national buildings; those elements do not appear in the enumeration in Article 12 of 1909 (cf. 1909, Title II, Art. 12, num. 7:  “[…] fortresses, wharves, warehouses, shipyards, penitentiaries, and other works indispensable to the administration.”).

Article 19, num. 9, reserved to the Federal Power legislative and executive jurisdiction over posts, telegraphs, telephones, navigation, wharves, and national roads, and denominated as national roads those traversing a State, a Territory, or the Federal District and passing beyond its boundaries (cf. 1909, Title II, Art. 12, num. 9).  The President regulated public or private posts, telegraphs, and telephones and could create or abolish federal stations (Title VI, Art. 79, num. 10; cf. 1909, Title VI, Art. 80, num. 14).  Congress legislated respecting the security of maritime ports and coasts (Title V, Art. 58, num. 21; no equivalent provision identified in the Constitution of 1909).

CON-FIN—Final Provisions:

The Constitution was to be promulgated and enter into force when the Congreso de Diputados Plenipotenciarios [Congress of Plenipotentiary Deputies], after canvassing the district votes, ascertained ratification by at least two-thirds of the Asambleas de Plenipotenciarios [Assemblies of Plenipotentiaries].  The votes were to be inserted at the foot of the text (Title VIII, Arts. 135–136; cf. 1909, Title VIII, Art. 153:  “The present Constitution shall be promulgated and shall enter into force as soon as the National Congress, having canvassed the votes of the Legislative Assemblies of the States, finds that they have ratified the amendments and additions.”).

The constitutional terms of the Executive and Judicial branches of the Federal Power were to endure seven years from 19 April 1915 (Art. 128; cf. 1909, Title VIII, Art. 150:  “The constitutional terms of the Federal Power shall endure four years and shall be counted from 19 April 1910.”).  The legislative and State terms were three years (Title V, Arts. 35 and 39; Title VIII, Art. 106).  The governing population was that determined by the latest census approved by Congress, and official dates computed Independence from 19 April 1810 and the Federation from 20 February 1859 (Arts. 127 and 129; cont. 1909, Title VIII, Arts. 151–152).

The Disposiciones Transitorias [Transitory Provisions] retained the Provisional President, the Provisional Vice Presidents, the Members of the Court, and the Procurator until their successors took office; retained the Commander in Chief until the constitutional President took office; authorized the Provisional President to issue the measures required to institute the new organization; and required the Provisional President and the Commander to render an account to the succeeding Congress (Arts. 137–140; new).  The Disposición Final [Final Provision] repealed the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914 (Art. 141; new).  The charter was given at the Palacio Federal Legislativo [Federal Legislative Palace] on 13 June 1914 and ordered executed on 19 June by Provisional President Victorino Márquez Bustillos and the Ministers of the Departments.

Note:  the original text of the 1914 Constitution and the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914 may be consulted in the CIDEP Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]:  https://cidep.online/files/constituciones/1914.pdf