TSJ ratifies constitutionality of convocation to National Constituent Assembly

Hace 6 meses.


The Constitutional Chamber of the Supreme Court of Justice (TSJ) issued a ruling confirming the constitutionality of the call made by the President of the Bolivarian Republic of Venezuela, Nicolás Maduro, to a National Constituent Assembly, as established in articles 347 and 348 of the Constitution.

TSJ Venezuela
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“Initiative to exercise the constituent convocation corresponds to the President in Council of Ministers http://www.tsj.gob.ve/-/iniciativa-para-ejercer-la-convocatoria-constituyente-le-corresponde-al-presidente- President-of-the-republic-in-council-of-ministers …”
12:21 – 31 May 2017

In a joint presentation of the Magistrates and Magistrates are part of the Constitutional Chamber of the country’s highest court, it was resolved a request for interpretation of Articles 347 and 348 of the Constitution of the Bolivarian Republic of Venezuela, regarding who is responsible for convening the National Constituent Assembly, according to a press release published by the TSJ.

Judgment No. 378 establishes that in accordance with the provisions of Articles 347 and 348 of the Constitutional Text, the people of Venezuela are the depositary of the original constituent power and, in such condition and as holder of sovereignty, of the National Constituent Assembly. However, the initiative to convene it corresponds, as a rule, to the organs of the Public Power (The President of the Republic in Council of Ministers, the National Assembly, by agreement of two thirds of its members, and municipal councils in cabildo, by the vote of two thirds of them) who indirectly exercise and through representation of popular sovereignty.

Likewise, it established that the only exception of popular initiative of convocation is the one of the 15% of the registered voters in the Civil and Electoral Register. Thus, Article 347 of the Magna Carta defines that it is in the people, as the holder of sovereignty, the one on which the original constituent power resides. However, article 348 eiusdem specifies that the initiative to exercise the constituent convocation corresponds, among others, to the President of the Republic in Council of Ministers, a body of the Executive Branch, which acts in the exercise of popular sovereignty.

In the terms set forth, the Constitutional Chamber of the TSJ considers that it is not necessary, nor constitutionally binding, a previous consultative referendum for the convening of a National Constituent Assembly.