Constitution of Venezuela

The Constitution of the Bolivarian Republic of Venezuela (Spanish: Constitución de la República Bolivariana de Venezuela (CRBV)) 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. Adopted in December 1999, it replaced the 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez. Chávez and his followers (chavistas) refer to the 1999 document as the "Constitución Bolivariana" (the "Bolivarian Constitution") because they assert that it is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism.

The Constitution of 1999 was the first constitution approved by popular referendum in Venezuelan history, and summarily inaugurated the so-called "Fifth Republic of Venezuela" due to the socioeconomic changes foretold in its pages, as well as the official change in Venezuela's name from the República de Venezuela ("Republic of Venezuela") to the República Bolivariana de Venezuela ("Bolivarian Republic of Venezuela"). Major changes are made to the structure of Venezuela's government and responsibilities, while a much greater number of human rights are enshrined in the document as guaranteed to all Venezuelans – including free education up to tertiary level, free health care, access to a clean environment, right of minorities (especially indigenous peoples) to uphold their own traditional cultures, religions, and languages, among others. The 1999 Constitution, with 350 articles, is among the world's longest, most complicated, and most comprehensive constitutions.

One of the outstanding differences between Venezuelan and most of the other constitutions of the Americas is the lack of the possibility of impeachment of the president by the national parliament. Instead, the president can be removed from office either by citizens through a recall referendum or by decision of the Supreme Tribunal of Justice.

President Hugo Chávez was first elected under the provisions of the 1961 Constitution in the presidential election of 6 December 1998. Chávez had been contemplating a constitutional convention for Venezuela as an ideal means to rapidly bring about sweeping and radical social change to Venezuela beginning from the eve of his 1992 coup attempt.

After his imprisonment and release, he began to seek a political career with such a convention as its political goal. In the buildup to the 1998 presidential elections, one of Chávez's promises was to organise a referendum asking the people if they wanted to convene a National Constituent Assembly. His very first decree as president was to order a referendum, which took place on 19 April. The electorate were asked two questions – whether a constituent assembly should be convened, and whether it should follow the mechanisms proposed by the president. 92% of voters approved calling a constituent assembly and 86% approved the electoral system suggested by Chávez.

Elections were then held, on 25 July, to elect 131 deputies to the Constituent Assembly, which convened and debated proposals during the remainder of 1999. Members of Chávez's MVR and allied parties formed the Polo Patriotico ("Patriotic Axis"). The alliance went on to win 121 of the 131 seats in the Constituent assembly.

Conflict soon arose between the Constituent assembly and the older institutions it was supposed to reform or replace. During his 1998 presidential campaign, and in advance of the 25 July elections to the Assembly, Chávez had maintained that the new body would immediately have precedence over the existing Congress and the courts, including the power to dissolve them if it so chose. Against this, some of his opponents, including notably the Chief Justice of the Supreme Court, Cecilia Sosa Gomez, argued that the Constituent assembly must remain subordinate to the existing institutions until the constitution it produced had been ratified.

In mid August 1999, the Constituent assembly moved to restructure the nation's judiciary, claiming the power to fire judges, seeking to expedite the investigations of corruption outstanding against what The New York Times estimated were nearly half of the nation's 4700 judges, clerks, and bailiffs. On 23 August, the Supreme Court voted 8–6 that the Assembly was not acting unconstitutionally in assuming those powers; however, the next day Cecilia Sosa Gomez resigned in protest. Over 190 judges were eventually suspended on charges of corruption.