Simone Lawson
Hugo Chavez's legacy is widely debated. His death triggered a constitutional requirement that a presidential election be called within 30 days, and his vice president, Nicolas Maduro, was elected. Chavez's constitutional legacy is less well known. Hours after being sworn in as president in 1999, Chavez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution. The new constitution changed the country's name from the Republic of Venezuela to the Bolivarian Republic of Venezuela, and it also abolished the Senate, extended presidential term limits to six years, and empowered the president to call for constitutional amendments. It also allowed for the possibility of immediate presidential reelection, heralding a “hyperpresidential” system that would lead to authoritarianism.
| Characteristics | Values |
|---|---|
| Referendum on a constituent assembly | Voters approved a new constitution by referendum |
| Constituent Assembly | Stood above the existing legal order |
| Supreme Court | Ceased to function as a check on presidential power |
| Legislature | Became a largely powerless body |
| Term limits | Removed |
| Nationalization | Industries nationalized, including the petroleum sector |
| Human rights | Concentrated power and open disregard for basic human rights |
| Media | Globovisión fined $2.1 million for promoting hatred and generating anxiety in the population |
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The 1999 Constitution abolished the Senate
Hugo Chavez's legacy in Venezuela is widely debated. Those on the right see his death as a chance for Venezuelans to emerge from repressive dictatorship, while those on the left mourn his death. Chavez's constitutional legacy is less well known.
Chavez's political platform promised to rid the country of corruption, help the poor, and reduce the power of elites. He pledged to write a new constitution and remake Venezuelan democracy. Hours after being sworn in as president in 1999, Chavez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution.
The 1999 Constitution is still in force today. It changed the country's name from the "Republic of Venezuela" to the "Bolivarian Republic of Venezuela". Unlike practically all constitutions ever written, Venezuela's now incorporates the masculine and feminine versions of all political actors it mentions. This inclusivity makes the Venezuelan constitution what some have called a ""non-androcentric" constitution.
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Presidential term limits were extended to six years
Hugo Chávez was elected president of Venezuela in 1998, and he was sworn into office in 1999. Hours after his inauguration, Chávez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution. In 1999, Venezuelans elected a constituent assembly dominated by pro-Chávez delegates, and voters approved a new constitution by referendum. Chávez used his unfettered control over Venezuelan politics to push through a new constitution that strengthened the presidency at the expense of the legislature.
Under the 1999 constitution, Chávez could not legally stand for re-election, so he brought about a referendum on 15 February 2009 to abolish the two-term limit for all public offices, including the presidency. Approximately 70% of the Venezuelan electorate voted, and they approved this alteration to the constitution with over 54% in favour, allowing any elected official to run indefinitely. Chávez was elected for a third six-year term in 2012.
Chávez's presidency was characterized by a dramatic concentration of power and open disregard for basic human rights guarantees. Chávez and his followers seized control of the Supreme Court and undercut the ability of journalists, human rights defenders, and other Venezuelans to exercise their fundamental rights. Chávez's government censored the media and intimidated, censored, and prosecuted Venezuelans who criticized the president or thwarted his political agenda.
Chávez's legacy is widely debated. Those on the right see his death as a chance for Venezuelans to emerge from repressive dictatorship, while those on the left mourn his death. Chávez leaves behind a constitutional legacy with a textual basis for populist constitution-making.
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The new Constitution gave the president decree powers
Hugo Chávez was elected president of Venezuela in 1998, with 56% of the vote. He had emerged from prison in 1994 as a popular populist figure, and his supporters included the poor, intellectuals, and the traditional left. Chávez's political platform promised to rid the country of corruption, help the poor, and reduce the power of elites. He pledged to write a new constitution and remake Venezuelan democracy.
Hours after being sworn in as president in 1999, Chávez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution. In mid-1999, Venezuelans elected a constituent assembly dominated by pro-Chávez delegates, and voters approved a new constitution by referendum. Chávez ignored a court ruling that the assembly was limited by the fundamental principles of the democratic state of law. He argued that the Constituent Assembly embodied the limitless sovereign power of the people and was superior to any pre-existing law or institution.
The new constitution strengthened the presidency at the expense of the legislature. Chávez and his followers seized control of the Supreme Court, packing it with government supporters, and undercutting the ability of journalists, human rights defenders, and other Venezuelans to exercise fundamental rights. Lower-court judges faced intense pressure not to issue rulings that could upset the government. Chávez's government also intimidated and censored critics, and his concentration of power exposed significant structural weaknesses.
Chávez also used his position to push through constitutional changes that would have allowed him to run for re-election indefinitely. In February 2009, a constitutional referendum calling for the elimination of term limits on all elected officials was approved by more than 54% of voters. This allowed Chávez to run for president again in 2012, and he won a fourth term with 54% of the vote. However, in 2006, voters had rejected a similar referendum that would have allowed Chávez to run for reelection indefinitely.
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It empowered the president to call for constitutional amendments
Hugo Chavez was elected president of Venezuela in 1998. Hours after being sworn in, Chavez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution. This was an unprecedented move, as Venezuela's 1961 constitution was designed to be anti-authoritarian and did not include any support for this type of plebiscite.
Chavez's referendum was challenged in front of the Supreme Court, but it was allowed to take place despite the amendment restrictions. The referendum passed with voter approval, and a new Constituent Assembly was formed, dominated by pro-Chavez delegates. This assembly approved a "national declaration of emergency" that authorized it to reshape Venezuela's government. The assembly fired judges and replaced them with more compliant ones, and it also reduced the existing legislature to a largely powerless body.
Chavez used his control over the Constituent Assembly to push through a new constitution in December 1999, which strengthened the presidency at the expense of the legislature. This constitution included provisions that empowered the people of Venezuela to call for a National Constituent Assembly to transform the state, create a new juridical order, and draw up a new constitution.
Chavez also used his position to initiate a program of nationalization, including the takeover of the petroleum sector. He also called for a referendum to abolish term limits on all public offices, including the presidency, which allowed him to run for president again in 2012.
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The new Constitution allowed for immediate presidential re-election
Hugo Chávez, a former military man, came to power in Venezuela in 1999. He had gained fame in 1992 for leading a failed coup against the elected government, which was part of a broader effort to impose a Cuban-style socialist dictatorship in the country. Chávez's political platform promised to rid the country of corruption, help the poor, and reduce the power of elites. He also pledged to write a new constitution and remake Venezuelan democracy.
Hours after being sworn in as president, Chávez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution. The referendum was won by Chávez, and he declared that the Constituent Assembly embodied the limitless sovereign power of the people. The new constitution was adopted in December 1999, and it strengthened the presidency at the expense of the legislature.
Under the 1999 constitution, Chávez could not legally stand for re-election. In February 2009, he called a referendum to abolish the two-term limit for all public offices, including the presidency. This referendum was approved by over 54% of voters, allowing Chávez to run for president again in 2012. Chávez won the 2012 election, his fourth time as president, and his third six-year term.
The new constitution, therefore, allowed for the possibility of immediate presidential re-election. This was a significant change from the previous constitution, which prohibited immediate presidential re-election. The new constitution also gave Chávez sweeping decree powers and broader control over the military, abolished the Senate, and extended presidential term limits to six years.
The changes to the constitution have been described as heralding a "hyperpresidential" system that would lead to authoritarianism. Chávez's successor, Nicolás Maduro, has continued to use similar theories of constitutional change to sideline opposition.
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Frequently asked questions
The Chavez Constitution is the name given to the new constitution of Venezuela, written in 1999 under the leadership of Hugo Chavez.
The new constitution changed the country's name from the "Republic of Venezuela" to the "Bolivarian Republic of Venezuela". This change was meant to signal Venezuela's liberation by its founder, Simon Bolivar.
The Chavez Constitution abolished the Senate, extended presidential term limits to six years, and empowered the president to call for constitutional amendments. It also gave the president decree powers and broader control over the military. These changes led to a “hyperpresidential” system that some argue set Venezuela on the path to dictatorship.
Hours after being sworn in as president in 1999, Chavez issued a decree calling for a referendum on a constituent assembly to rewrite the Venezuela constitution. This decree was challenged in court, but the Venezuelan Supreme Court upheld Chavez's power to call a referendum.
Chavez used the new constitution to enact social reforms as part of the Bolivarian Revolution. His government nationalized key industries, created participatory democratic Communal Councils, and implemented social programs to expand access to food, housing, healthcare, and education. These initiatives led to temporary improvements in poverty reduction and social welfare during periods of high oil revenue.
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