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==Background== |
==Background== |
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In the [[1998 Venezuelan presidential election|1998 presidential election]] campaign Chávez campaigned on replacing the legal system. A National Constituent Assembly would be elected and have powers to draft a new constitution within six months. Once the Assembly was installed, its members would be required to discuss the new structure, principles and articles of the future constitution with all sectors of society. Once the text was approved, revised article by article, the National Constituent Assembly would deliver the draft constitution to the national executive, which would be responsible for convening by decree a second referendum to approve the new constitution.{{Citation needed|date=February 2024}} |
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In the [[1998 Venezuelan presidential election|1998 presidential election]] campaign Chávez campaigned on replacing the legal system. |
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Although Chávez promised to seek the support of the opposition-dominated Congress before starting the Constituent process, on his first day as President, Chávez decreed a call for a referendum to determine whether a new Constitution should be drafted using a method proposed by him.<ref name="clarin">{{cite web |date=3 December 1998 |title=Chávez modera su discurso |url=http://edant.clarin.com/diario/1998/12/03/i-04001d.htm |access-date=17 September 2011 |work=[[Clarín (Argentina)]]}}<!-- auto-translated by Module:CS1 translator --></ref> According to statements made at the time by the head of the [[Movimiento al Socialismo (Venezuela)|Movement for Socialism]] parliamentary group, Chavismo's main ally in Congress, apparently even they had not been informed of this step beforehand.<ref name="pa">{{cite web |author=[[Agence France-Presse]] |date=4 February 1999 |title=Ante referéndum constituyente |url=http://www.panamaamerica.com.pa/periodico/buscador/resultado.php?story_id=288806&page=6&texto=romer |access-date=22 September 2011 |work=[[Panamá América]]}}<!-- auto-translated by Module:CS1 translator --></ref> Once again, the opposition was caught divided:<ref name="Corrales-2011">{{cite book |last1=Corrales |first1=Javier |title=Dragon in the tropics: Hugo Chávez and the political economy of revolution in Venezuela |last2=Penfold |first2=Michael |date=2011 |publisher=Brookings Institution Press |isbn=978-0815704973 |location=Washington, D.C |pages=18–19}}</ref> the [[Copei|COPEI]] party, [[Justice First]] and former candidate Irene Sáez, who had just formed an alliance with the Chavismo in the [[Nueva Esparta]] state, supported the decree;<ref name="pa" /><ref name="PJNO">{{cite web |author=Valente, Jesús |date=22 September 1999 |title=Constituyente: Henrique Capriles Radonsky |url=http://www.analitica.com/constituyente/articulos/e08.asp |archive-url=https://web.archive.org/web/20111004022434/http://www.analitica.com/constituyente/articulos/e08.asp |archive-date=4 October 2011 |access-date=22 September 2011 |work=Analítica.com}}<!-- auto-translated by Module:CS1 translator --></ref> [[Henrique Salas Römer]]'s [[Project Venezuela]] and [[Democratic Action (Venezuela)|Democratic Action]] (AD) criticized the manner in which Chávez was leading the process, arguing that it excluded the Congress.<ref name="pa" /> [[Radical Cause|La Causa R]] and [[National Convergence|Convergencia]] were cautious as they did not know the details of the country's project proposed by the President.<ref name="pa" /> Only the [[Movimiento Apertura]] of former President [[Carlos Andrés Pérez]] was completely opposed to the measure.<ref name="pa" /> |
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A National Constituent Assembly would be elected and have powers to draft a new constitution within six months. Once the Assembly was installed, its members would be required to discuss the new structure, principles and articles of the future constitution with all sectors of society. |
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The process promoted by Chávez was not set forth in the [[Constitution of Venezuela (1961)|1961 Venezuelan Constitution]], but two favorable decisions of the [[Supreme Court of Justice of Venezuela|Supreme Court of Justice]] in January 1999 paved the way for this proposal. The Supreme Court even ratified Chávez's opinion that since the Constituent Power was an "original power", it should not be subject to the powers established in the current Magna Carta.<ref name="politeia2">{{cite journal |last=Combellas |first=Ricardo |date=January 2003 |title=El proceso constituyente y la Constitución de 1999 |url=http://www2.scielo.org.ve/scielo.php?script=sci_arttext&pid=S0303-97572003000100010&lng=es&nrm=is |volume=26 |pages=100–113 |issn=0303-9757 |archive-url=https://web.archive.org/web/20140727180159/http://www2.scielo.org.ve/scielo.php?script=sci_arttext&pid=S0303-97572003000100010&lng=es&nrm=is |archive-date=27 July 2014 |access-date=22 September 2011 |number=30 |periodical=Politeia}}<!-- auto-translated by Module:CS1 translator --></ref> The [[National Electoral Council (Venezuela)|National Electoral Council]] (CNE) gave its approval after reviewing the bases proposed by the President, and the referendum was set for 25 April. [[Henry Ramos Allup]], from Democratic Action, criticized then the behavior of the bodies, saying that they presented an "obsequious attitude" towards the President.<ref name="pa" /> |
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Once the text was approved, revised article by article, the National Constituent Assembly would deliver the draft constitution to the national executive, which would be responsible for convening by decree a second referendum to approve the new constitution. |
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== Conduct == |
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The referendum was held under a climate of electoral apathy. The abstention was 62.4%, and the result was overwhelmingly in favor of the proponents of the Constituent, who obtained a vote of 87.8%.<ref name="politeia">{{cite journal |last=Combellas |first=Ricardo |date=January 2003 |title=El proceso constituyente y la Constitución de 1999 |url=http://www2.scielo.org.ve/scielo.php?script=sci_arttext&pid=S0303-97572003000100010&lng=es&nrm=is |volume=26 |pages=100–113 |issn=0303-9757 |archive-url=https://web.archive.org/web/20140727180159/http://www2.scielo.org.ve/scielo.php?script=sci_arttext&pid=S0303-97572003000100010&lng=es&nrm=is |archive-date=27 July 2014 |access-date=22 September 2011 |number=30 |periodical=Politeia}}<!-- auto-translated by Module:CS1 translator --></ref> The bases proposed by Chávez and revised by the CNE were also approved, although with a slightly lower support. A proportional representation system in the selection of the members of the National Constituent Assembly was then discarded, and in its place a personalized uninominal direct representation system was established, which divided the country into two great national circuits and one electoral circuit for each state, a system in disuse since the dictatorship of [[Juan Vicente Gómez]].<ref name="LOPE">{{cite journal |last=Rachadell |first=Manuel |date=January–June 2010 |title=El sistema electoral en la Ley Orgánica de Procesos Electorales |url=http://www.saber.ula.ve/bitstream/123456789/31427/1/articulo5.pdf |pages=127–155 |access-date=22 September 2011 |number=23 |periodical=Provincia}}</ref> |
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==Results== |
==Results== |
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The result of the election of constituents was the over-representation of Chavismo in the Constituent Assembly and a crushing defeat for the opposition, which had once again gone to the polls divided. With 65% of the votes, Chavismo obtained more than 95% of the constituents.<ref name="Brewer181">{{Harvsp|Brewer Carías|2001|p=181.}}</ref> Although the great majority of the candidates were [[civil society]] members, outside the political parties, the lack of unity atomized their efforts.<ref name="politeia22">{{cite journal |last=Combellas |first=Ricardo |date=January 2003 |title=El proceso constituyente y la Constitución de 1999 |url=http://www2.scielo.org.ve/scielo.php?script=sci_arttext&pid=S0303-97572003000100010&lng=es&nrm=is |volume=26 |pages=100–113 |issn=0303-9757 |archive-url=https://web.archive.org/web/20140727180159/http://www2.scielo.org.ve/scielo.php?script=sci_arttext&pid=S0303-97572003000100010&lng=es&nrm=is |archive-date=27 July 2014 |access-date=22 September 2011 |number=30 |periodical=Politeia}}<!-- auto-translated by Module:CS1 translator --></ref> As such, 33% of the forces that voted for candidates unrelated to the Chavismo, only managed to bring seven constituents, one of them being [[Antonia Muñoz]], a dissident Chavista who soon rejoined the ruling party.<ref name="politeia22" /> Political parties and civil associations were marginalized from the constituent process, and the role of opposition then fell on the state institutions, where the Congress and the Supreme Court stand out. After the elections, Democratic Action and Copei experienced internal crises: the former announced new base elections to renew the party, and the directive of the latter resigned immediately.<ref>{{cite web |date=28 July 1999 |title=El huracán Hugo arrasó con todo |url=http://www.pagina12.com.ar/1999/99-07/99-07-28/pag18.htm |access-date=22 September 2011 |work=[[Página/12]]}}<!-- auto-translated by Module:CS1 translator --></ref> |
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===Question I=== |
===Question I=== |
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''"Do you convene a National Constituent Assembly with the purpose of transforming the State and creating a new legal system that allows the functioning of a Social and Participatory Democracy?"'' |
''"Do you convene a National Constituent Assembly with the purpose of transforming the State and creating a new legal system that allows the functioning of a Social and Participatory Democracy?"'' |
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==See also== |
==See also== |
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*[[1999 Venezuelan Constituent Assembly election]] |
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*[[Constitution of Venezuela]] |
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*[[1999 Constituent National Assembly of Venezuela]] |
*[[1999 Constituent National Assembly of Venezuela]] |
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*[[December 1999 Venezuelan constitutional referendum]] |
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*[[Politics of Venezuela]] |
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==References== |
==References== |
Revision as of 19:06, 20 February 2024
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Do you convene a National Constituent Assembly with the purpose of transforming the State and create a new legal system that allows the effective functioning of a social and participatory democracy? | ||
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Do you authorize the President of the Republic so that after hearing the opinion of the political, social and economic sectors, the Government Act establishes the bases of an electoral process in which the members of the Constituent Assembly will be elected? | ||
Results by state |
Venezuela portal |
A referendum on convening a Constituent Assembly was held in Venezuela on 25 April 1999.[1] It was promoted by President Hugo Chávez, with voters asked two questions on convening a National Constituent Assembly and how that body should be elected. Both proposals were approved by over 80% of voters.
Background
In the 1998 presidential election campaign Chávez campaigned on replacing the legal system. A National Constituent Assembly would be elected and have powers to draft a new constitution within six months. Once the Assembly was installed, its members would be required to discuss the new structure, principles and articles of the future constitution with all sectors of society. Once the text was approved, revised article by article, the National Constituent Assembly would deliver the draft constitution to the national executive, which would be responsible for convening by decree a second referendum to approve the new constitution.[citation needed]
Although Chávez promised to seek the support of the opposition-dominated Congress before starting the Constituent process, on his first day as President, Chávez decreed a call for a referendum to determine whether a new Constitution should be drafted using a method proposed by him.[2] According to statements made at the time by the head of the Movement for Socialism parliamentary group, Chavismo's main ally in Congress, apparently even they had not been informed of this step beforehand.[3] Once again, the opposition was caught divided:[4] the COPEI party, Justice First and former candidate Irene Sáez, who had just formed an alliance with the Chavismo in the Nueva Esparta state, supported the decree;[3][5] Henrique Salas Römer's Project Venezuela and Democratic Action (AD) criticized the manner in which Chávez was leading the process, arguing that it excluded the Congress.[3] La Causa R and Convergencia were cautious as they did not know the details of the country's project proposed by the President.[3] Only the Movimiento Apertura of former President Carlos Andrés Pérez was completely opposed to the measure.[3]
The process promoted by Chávez was not set forth in the 1961 Venezuelan Constitution, but two favorable decisions of the Supreme Court of Justice in January 1999 paved the way for this proposal. The Supreme Court even ratified Chávez's opinion that since the Constituent Power was an "original power", it should not be subject to the powers established in the current Magna Carta.[6] The National Electoral Council (CNE) gave its approval after reviewing the bases proposed by the President, and the referendum was set for 25 April. Henry Ramos Allup, from Democratic Action, criticized then the behavior of the bodies, saying that they presented an "obsequious attitude" towards the President.[3]
Conduct
The referendum was held under a climate of electoral apathy. The abstention was 62.4%, and the result was overwhelmingly in favor of the proponents of the Constituent, who obtained a vote of 87.8%.[7] The bases proposed by Chávez and revised by the CNE were also approved, although with a slightly lower support. A proportional representation system in the selection of the members of the National Constituent Assembly was then discarded, and in its place a personalized uninominal direct representation system was established, which divided the country into two great national circuits and one electoral circuit for each state, a system in disuse since the dictatorship of Juan Vicente Gómez.[8]
Results
The result of the election of constituents was the over-representation of Chavismo in the Constituent Assembly and a crushing defeat for the opposition, which had once again gone to the polls divided. With 65% of the votes, Chavismo obtained more than 95% of the constituents.[9] Although the great majority of the candidates were civil society members, outside the political parties, the lack of unity atomized their efforts.[10] As such, 33% of the forces that voted for candidates unrelated to the Chavismo, only managed to bring seven constituents, one of them being Antonia Muñoz, a dissident Chavista who soon rejoined the ruling party.[10] Political parties and civil associations were marginalized from the constituent process, and the role of opposition then fell on the state institutions, where the Congress and the Supreme Court stand out. After the elections, Democratic Action and Copei experienced internal crises: the former announced new base elections to renew the party, and the directive of the latter resigned immediately.[11]
Question I
"Do you convene a National Constituent Assembly with the purpose of transforming the State and creating a new legal system that allows the functioning of a Social and Participatory Democracy?"
Choice | Votes | % |
---|---|---|
For | 3 630 666 | 87.75 |
Against | 300 233 | 7.26 |
Invalid/blank votes | 198 648 | – |
Total | 4 129 547 | 100 |
Registered voters/turnout | 11 022 031 | 37.65 |
Source: CNE.[12] |
Question II
"Do you agree with the bases proposed by the National Executive for the convocation of the National Constituent Assembly, examined and modified by the National Electoral Council in session dated March 24, 1999 and published in its full text, in the Official Gazette of the Republic of Venezuela No. 36.669 dated March, 25 of 1999?"
Choice | Votes | % |
---|---|---|
For | 3 382 075 | 81.74 |
Against | 527 632 | 12.75 |
Invalid/blank votes | 209 689 | – |
Total | 4 119 396 | 100 |
Registered voters/turnout | 11 022 031 | 37.65 |
Source: CNE.[12] |
The results released by the National Electoral Council of Venezuela, were majority for the yes, by more than 80%, however abstention stood at 62.35% of the census.
See also
- 1999 Venezuelan Constituent Assembly election
- 1999 Constituent National Assembly of Venezuela
- December 1999 Venezuelan constitutional referendum
References
- ^ El referéndum del domingo 25 de abril El Universal 23 de abril de 1999
- ^ "Chávez modera su discurso". Clarín (Argentina). 3 December 1998. Retrieved 17 September 2011.
- ^ a b c d e f Agence France-Presse (4 February 1999). "Ante referéndum constituyente". Panamá América. Retrieved 22 September 2011.
- ^ Corrales, Javier; Penfold, Michael (2011). Dragon in the tropics: Hugo Chávez and the political economy of revolution in Venezuela. Washington, D.C: Brookings Institution Press. pp. 18–19. ISBN 978-0815704973.
- ^ Valente, Jesús (22 September 1999). "Constituyente: Henrique Capriles Radonsky". Analítica.com. Archived from the original on 4 October 2011. Retrieved 22 September 2011.
- ^ Combellas, Ricardo (January 2003). "El proceso constituyente y la Constitución de 1999". Politeia. 26 (30): 100–113. ISSN 0303-9757. Archived from the original on 27 July 2014. Retrieved 22 September 2011.
- ^ Combellas, Ricardo (January 2003). "El proceso constituyente y la Constitución de 1999". Politeia. 26 (30): 100–113. ISSN 0303-9757. Archived from the original on 27 July 2014. Retrieved 22 September 2011.
- ^ Rachadell, Manuel (January–June 2010). "El sistema electoral en la Ley Orgánica de Procesos Electorales" (PDF). Provincia (23): 127–155. Retrieved 22 September 2011.
- ^ Brewer Carías 2001, p. 181.
- ^ a b Combellas, Ricardo (January 2003). "El proceso constituyente y la Constitución de 1999". Politeia. 26 (30): 100–113. ISSN 0303-9757. Archived from the original on 27 July 2014. Retrieved 22 September 2011.
- ^ "El huracán Hugo arrasó con todo". Página/12. 28 July 1999. Retrieved 22 September 2011.
- ^ a b "RESULTADOS ELECTORALES REFERENDO CONSULTIVO NACIONAL 25/04/1999" (PDF). April 25, 1999.