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Constitutional Law in Venezuela
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Venezuela provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence,...
Dismantling Democracy in Venezuela
This book examines the process of dismantling the democratic institutions and protections in Venezuela under the Hugo Chávez regime. The actions of the Chávez government have influenced similar processes and undemocratic manoeuvrings in Ecuador, Bolivia, and Honduras. Since the election of Hugo Chávez as president of Venezuela in 1998, a sinister form of nationalistic authoritarianism has arisen at the expense of long-established democratic standards. During the past decade, the 1999 Venezuelan Constitution has been systematically attacked by all branches of the Chávez government, particularly by the Supreme Tribunal of Justice, which has legitimized the Chávez-ordered constitutional violations. The Chávez regime has purposely defrauded the Constitution and severely restricted representative government, all in the name of a supposedly participatory democracy controlled by a popularly supported central government. This volume illustrates how an authoritarian, nondemocratic government has been established in Venezuela.
Constitutional Courts as Positive Legislators
In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts conditio...
Constitutional Law in Venezuela
"This book was originally published as a monograph in the International encyclopaedia of laws/Constitutional law."
Constitutional Protection of Human Rights in Latin America
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
The Unraveling of Representative Democracy in Venezuela
For four decades, Venezuela prided itself for having one of the most stable representative democracies in Latin America. Then, in 1992, Hugo Chávez Frías attempted an unsuccessful military coup. Six years later, he was elected president. Once in power, Chávez redrafted the 1961 constitution, dissolved the Congress, dismissed judges, and marginalized rival political parties. In a bid to create direct democracy, other Latin American democracies watched with mixed reactions: if representative democracy could break down so quickly in Venezuela, it could easily happen in countries with less-established traditions. On the other hand, would Chávez create a new form of democracy to redress the p...
An Inquiry into the Existence of Global Values
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at lea...
The COLLAPSE of the RULE of LAW in VENEZUELA and the STRUGGLE for DEMOCRACY in VENEZUELA. Lectures and Essays (2015-2020)
This book of Professor Allan R. Brewer-Carías is a recollection of essays and lectures given by the author during 2015-2020 related to the definitive collapse of the rule of law in Venezuela, and of the struggle to restore democracy lead by the National Assembly elected in December 2015, as the only legitimate elected institution in the country, after an unconstitutional convening of another fraudulent Constituent Assembly in 2017, violating the provisions of the Constitution, and after the unconstitutional call by it of an anticipated and unconstitutional presidential election in order to reelect Nicolas Maduro as President of Venezuela in 2018; reelection considered as a "farce" by the National Assembly which declared it as "nonexistent." The result was, in January 2019, facing the lack of a President legitimately elected that could take his out for the presidential term 2019-2025, the assumption by the National Assembly of a constitutional transition process to restore democracy and reestablish the enforcement of the Constitution.
Translations In Times of Disruption
This book throws light on the relevance and role played by translations and translators at times of serious discontinuity throughout history. Topics explored by scholars from different continents and disciplines include war, the disintegration of transnational polities, health disasters and revolutions - be they political, social, cultural and/or technological. Surprisingly little is known, for example, about the role that translated constitutions had in instigating and in shaping political crises at both a local and global level, and how these events had an effect on translations themselves. Similarly, the role that translations played as instruments for either building or undermining empir...
Audacious Reforms
Audacious Reforms examines the creation of new political institutions in three Latin American countries: direct elections for governors and mayors in Venezuela, radical municipalization in Bolivia, and direct election of the mayor of Buenos Aires in Argentina. Diverging from the usual incremental processes of political change, these cases marked a significant departure from traditional centralized governments. Such "audacious reforms," explains Merilee S. Grindle, reinvent the ways in which public problems are manifested and resolved, the ways in which political actors calculate the costs and benefits of their activities, and the ways in which social groups relate to the political process. G...
