Title: The use and perversion of originating constituent power in Venezuela (1999-2019)

Authors: Antonio-Filiu Franco

Addresses: Public Law Department, University of Oviedo, Oviedo, Spain

Abstract: The aim of the study is to examine the exercise of originating constituent power in Venezuela between 1999 and 2019, through the lens of the doctrine of constituent power and in order to examine its influence in this praxis. In particular, the study examines the 1999 constituent experience, and the activation of originating constituent power in 2017 by President Maduro, to finally arrive at the idea that the design of Art. 347 of the 1999 Constitution of the Bolivarian Republic of Venezuela could be at the root of the political-institutional dysfunction the country suffers from today, as it could serve a latent political temptation to reinvent the constitutional wheel.

Keywords: Venezuela; constituent power; constitution of Venezuela; constituent experience; Latin American constitutional law.

DOI: 10.1504/IJHRCS.2020.111512

International Journal of Human Rights and Constitutional Studies, 2020 Vol.7 No.4, pp.391 - 403

Received: 03 May 2020
Accepted: 12 May 2020

Published online: 23 Nov 2020 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article