Simone Lawson
Venezuela has had a long and complex constitutional history, with numerous constitutions since the country's independence in 1811. The first constitution of Venezuela, also the first in Latin America, was promulgated and drafted by Cristóbal Mendoza and Juan Germán Roscio and sanctioned by the Constituent Congress of 1811 in Caracas on 21 December 1811. This constitution established a federal government but was short-lived, repealed in 1812 by the capitulation of Francisco de Miranda in San Mateo. Since then, Venezuela has had 26 more constitutions, with the most recent one promulgated in 1999.
| Characteristics | Values |
|---|---|
| Date of first constitution | 21st December 1811 |
| First constitution also known as | Constitution of Venezuela (1811) |
| First constitution drafted by | Cristóbal Mendoza and Juan Germán Roscio |
| First constitution sanctioned by | Constituent Congress of 1811 |
| First constitution established | A federal government |
| First constitution repealed | 21st July 1812 |
| First independent government | First Republic of Venezuela |
| First independent government lasted | 5th July 1811 to 25th July 1812 |
| First independent government initiated by | Overthrow of Spanish colonial authorities |
| First independent government ended | Surrender of republican forces to Spanish Captain Domingo de Monteverde |
| First constitution with popular referendum | 1999 |
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What You'll Learn
Venezuela's first constitution was ratified in 1811
The year 1811 was pivotal for Venezuela as it witnessed the emergence of the First Republic of Venezuela, the nation's first independent government. This period commenced on April 19, 1810, when the Spanish colonial authorities were overthrown, and the Junta Suprema de Caracas was established, igniting the Venezuelan War of Independence. The declaration of independence was formally proclaimed on July 5, 1811, and the constitution was ratified on December 21 of the same year.
Crafted by Juan Germán Roscio, the 1811 Constitution of Venezuela was a groundbreaking document. It was the first constitution not only for Venezuela but also for Latin America as a whole. This constitution reflected the aspirations of a nation seeking to forge its own path, free from colonial rule. The document established a federal government and was sanctioned by the Constituent Congress of 1811 in the city of Caracas.
However, the 1811 Constitution had a relatively short lifespan. It was repealed on July 21, 1812, following the capitulation of Francisco de Miranda in San Mateo. Despite its brief tenure, the 1811 Constitution laid the foundational principles for governance and sovereignty in Venezuela. It also set a precedent for future constitutions, as Venezuela would go on to have numerous constitutions throughout its history, reflecting the country's evolving political landscape.
Between 1811 and 1961, Venezuela had an impressive 26 constitutions, with the 1961 constitution being the longest-lasting until it was replaced in 1999. The 1961 constitution, promulgated during the presidency of Rómulo Betancourt, aimed to ensure a democratic government and create a modern welfare state. It addressed political, economic, and social rights, reflecting the country's aspirations for a more equitable distribution of national wealth.
Venezuela's most recent constitution, promulgated in 1999, stands out as a significant milestone. It was the first constitution in the country's history to be approved by a popular referendum, marking a departure from the tradition of new regimes writing entirely new constitutions. The 1999 constitution, championed by then-President Hugo Chávez, brought about socio-economic changes and officially changed the country's name from the "Republic of Venezuela" to the "Bolivarian Republic of Venezuela."
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Simón Bolívar proposed the 1819 constitution
Venezuela's first constitution was drafted and promulgated in 1811. However, it was short-lived, being repealed in 1812. Simón Bolívar proposed the 1819 constitution to the Angostura Congress to politically organise the Republic after the reconquest by the Liberating Army. This constitution was proposed to bring about sweeping and radical social change to Venezuela.
Simón Bolívar is a highly influential figure in Venezuelan history, and his political philosophy, known as Bolivarianism, has shaped the country's destiny. Bolívar's vision for Venezuela was one of independence and self-governance, free from colonial rule. The 1819 constitution was a crucial step towards realising this vision, as it provided a framework for the country's political organisation and governance.
Bolívar's constitution proposed a federal government for Venezuela, with a strong emphasis on national unity and sovereignty. It aimed to establish a representative government that would protect the rights and freedoms of all Venezuelans. The document outlined the powers and responsibilities of the different branches of government, including the executive, legislative, and judicial branches. It also established the principles of federalism, with a system of states and municipalities that would share power with the central government.
One of the key features of the 1819 constitution was its commitment to protecting the rights of citizens. Bolívar recognised the importance of individual liberties and sought to enshrine them in the country's founding document. The constitution guaranteed freedom of speech, religion, and assembly, as well as due process rights and protections against arbitrary detention. It also established the role of the "defender of the people" (defensor del pueblo), who would be responsible for representing and defending citizens in their dealings with the state.
Furthermore, the 1819 constitution reflected Bolívar's belief in the importance of education and culture for the development of a nation. It included provisions for the establishment of public schools and universities, as well as the promotion and preservation of Venezuela's cultural heritage. Bolívar understood that a well-educated populace was crucial for the country's progress and prosperity, and he sought to make education accessible to all Venezuelans.
While the specific details of the 1819 constitution may have evolved over time, the principles and values enshrined in it continue to influence Venezuela's legal and political system today. Simón Bolívar's legacy is honoured in the country he helped shape, and his contributions to the foundation of Venezuela's democracy remain enduring.
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The 1961 constitution was amended in the 1990s
Venezuela's first constitution was drafted in 1811 by Cristóbal Mendoza and Juan Germán Roscio and was sanctioned by the Constituent Congress of 1811 in the city of Caracas on 21 December 1811. The 1811 Constitution established a federal government but was short-lived, repealed less than a year later on 21 July 1812. Venezuela has had numerous constitutions throughout its history.
The 1961 Constitution was Venezuela's 25th and was in force until 1999. Hugo Chávez was elected president under its provisions in 1998. Chávez, who had been contemplating a constitutional convention as a means to bring about rapid social change since his 1992 coup attempt, promised to organise a referendum to ask the people if they wanted to convene a National Constituent Assembly. On 2 February 1999, Chávez issued his first decree as President, ordering a consultative referendum to ask the Venezuelan people whether they supported the election of a Constituent Assembly. The Supreme Court had previously recognised the possibility of calling such a referendum to gauge popular opinion, but it did not address whether a constitutional amendment was necessary.
The 1999 Constitution, approved by referendum, replaced the 1961 Constitution. It was Venezuela's 26th Constitution and the first to be approved by popular referendum. It made several changes to the prior constitution, including officially changing the name of the country from the Republic of Venezuela to the Bolivarian Republic of Venezuela, and converting the country's three-branch system of government (executive, legislative, and judicial) to a five-branch system. It also increased the presidential term of office from five to six years, with a limit of two terms, and introduced provisions for national presidential recall referendums.
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The 1999 constitution was approved by popular referendum
Venezuela has had several constitutions throughout its history. The country's first constitution was the 1811 Constitution of Venezuela, which was promulgated and drafted by Cristóbal Mendoza and Juan Germán Roscio. It was sanctioned by the Constituent Congress of 1811 in the city of Caracas on 21 December 1811. However, it was short-lived, as it was repealed on 21 July 1812.
In 1998, Hugo Chávez was elected President of Venezuela under the provisions of the 1961 Constitution. Chávez had long been an advocate for a constitutional convention as a means to bring about rapid and radical social change in Venezuela. During his 1998 presidential campaign, he promised to organise a referendum asking Venezuelans if they wanted to convene a National Constituent Assembly. On 2 February 1999, Chávez issued his first decree as President, ordering a consultative referendum to be held on 25 April 1999. The referendum asked voters two questions: whether they agreed to convene a National Constituent Assembly, and how that body should be elected. Both proposals were approved by over 80% of voters.
The National Constituent Assembly was tasked with drafting a new constitution within six months. After over three months of work, the Constituent Assembly presented its draft constitution on 19 November 1999. This draft was opposed by some, who argued that it centralised power too much and would lead to the formation of a military state. Despite this opposition, a referendum to approve the new constitution was held on 15 December 1999. The 1999 Constitution was approved by 71.8% of voters, although turnout was low at 44.3%.
The 1999 Constitution made several changes to the previous constitution, including officially changing the name of the country from the "Republic of Venezuela" to the "Bolivarian Republic of Venezuela". It also converted Venezuela's three-branch system of government (executive, legislative, and judicial) to a five-branch system. The 1999 Constitution was significant as it was the first constitution in Venezuelan history to be approved by popular referendum.
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The 1999 constitution has 350 articles
Venezuela's first constitution was drafted in 1811 by Cristóbal Mendoza and Juan Germán Roscio and sanctioned by the Constituent Congress of 1811 in the city of Caracas on 21 December 1811. It established a federal government but was short-lived, being repealed on 21 July 1812.
The 1999 Constitution of Venezuela, also known as the "Bolivarian Constitution", is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. It was adopted in December 1999, with 44.3% of eligible voters participating and 71.8% of voters approving it. The 1999 Constitution replaced the 1961 Constitution, which was the longest-serving in Venezuelan history.
The legislative branch was changed from a bicameral system to a unicameral system, and the presidential term of office was increased from five to six years, with a limit of two terms. The 1999 Constitution also introduced provisions for national presidential recall referendums, allowing Venezuelan voters to remove their president from office before the expiration of their term through a recall referendum.
The document enshrined several human rights, including free education up to the tertiary level, free and quality healthcare, access to a clean environment, and the right of minorities (especially indigenous peoples) to uphold their own traditional cultures, religions, and languages. It also retained certain elements from the previous constitution, such as the separation of powers, rights of property, expression, and strike.
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Frequently asked questions
Venezuela's first constitution was written in 1811. It was the first Constitution of Venezuela and Latin America.
Venezuela has had 27 constitutions since 1811, with the most recent one being promulgated in 1999.
The 1999 Constitution was the first to be approved by popular referendum in Venezuelan history. It also changed the name of the country from the Republic of Venezuela to the Bolivarian Republic of Venezuela.
