Branches of Government in Venezuela

The formerly bicameral Venezuelan legislature was transformed by the 1999 constitution into a unicameral National Assembly (Asamblea Nacional).

The current President, Hugo Chavez, was first elected in December 1998. His platform called for the creation of a National Constituent Assembly in order to write a new constitution.

The political system described below is that defined by the 1999 Constitution, which was approved by popular referendum in 1999 and first came into force on 30 December 1999. Chávez was re-elected in December 2006.

History

The formerly bicameral Venezuelan legislature was transformed by the 1999 constitution into a unicameral National Assembly (Asamblea Nacional).

The current President, Hugo Chavez, was first elected in December 1998. His platform called for the creation of a National Constituent Assembly in order to write a new constitution. The political system described below is that defined by the 1999 Constitution, which was approved by popular referendum in 1999 and first came into force on 30 December 1999. Chávez was re-elected in December 2006.

Overview

Legislation can be initiated by the executive branch, the legislative branch (either a committee of the National Assembly or three members of the latter), the judicial branch, the citizen branch (ombudsman, public prosecutor, and controller general) or a public petition signed by no fewer than 0.1% of registered voters.

The president can ask the National Assembly to reconsider portions of laws he finds objectionable, but a simple majority of the Assembly can override these objections.

The voting age in Venezuela is 18 and older. Voting is not compulsory.

Executive Branch

The president is elected by a plurality vote with direct and universal suffrage. The term of office is six years. A president may be re-elected perpetually as of 15 February 2009. The president appoints the Vice President.

The president decides the size and composition of the cabinet and makes appointments to it with the involvement of the National Assembly.

Cabinet officials include:

  • Minister of Foreign Affairs, responsible for the foreign relations of Venezuela
  • Minister of Environment and Natural Resources
  • Agriculture & Lands
  • Minister of Basic Industry & Mining
  • Minister of Communications & Information
  • Minister of Communes & Social Protection
  • Minister of Culture
  • Minister of Defense
  • Minister of Education
  • Minister of Energy & Petroleum & President of PDVSA
  • Minister of Nutrition
  • Minister of Planning & Finance
  • Minister of Health
  • Minister of Higher Education
  • Minister of Housing & Habitat
  • Minister of Indigenous Peoples
  • Minister of Interior & Justice
  • Minister of Labor and Social Security
  • Minister of Basic Industry & Mining
  • Minister of Science & Technology
  • Minister of Sports
  • Minister of Telecommunications
  • Tourism
  • Trade
  • Ministry of Transport and Communications
  • Office of the Presidency (formerly the Venezuelan Secretariat of the Presidency)
  • Venezuelan Ministry of Women’s Affairs
  • Central Bank President
  • Prosecutor General

Former ministries include the Venezuelan Ministry of Infrastructure, which became the “Ministry of Public Works and Housing” and was split into the Ministry of Transport and Communications and the Ministry of Housing & Habitat in June 2010.

The Ministry of Popular Economy became the “Ministry of Communal Economy” in 2007 and was merged into the Ministry of Communes and Social Protection on 3 March 2009, along with the Ministry of Participation and Social Protection.

In February 2010 the Ministry of Planning and Development was merged with the Ministry of Finance to form the Ministry of Planning and Finance.

Legislative Branch

The unicameral Venezuelan parliament is the Asamblea Nacional (“National Assembly”). The number of members is variable, each state and the Capital district elect three representatives plus the result of dividing the state population by 1.1% of the total population of the country. Three seats are reserved for representatives of Venezuela’s indigenous peoples. For the 2010–2015 period the number of seats is 165. All deputies serve five-year terms.

National Assembly elections were last held on 26 September 2010. When the National Assembly is not in session, its delegated committee acts on matters relating to the executive and in oversight functions.

Judicial Branch

The legal system of Venezuela belongs to the Continental Law tradition. The highest judicial body is the Supreme Tribunal of Justice or Tribunal Supremo de Justicia, whose magistrates are elected by parliament for a single twelve-year term. The National Electoral Council (Consejo Nacional Electoral, or CNE) is in charge of electoral processes; it is formed by five main directors elected by the National Assembly.

Supreme Court president Luisa Estela Morales said in December 2009 that Venezuela had moved away from “a rigid division of powers” toward a system characterized by “intense coordination” between the branches of government. Morales clarified that each power must be independent adding that “one thing is separation of powers and another one is division”.

Citizens Branch

The citizens branch consists of three components – the prosecutor general (“fiscal general”), the “defender of the people” or ombudsman, and the comptroller general.

These officers, in addition to fulfilling their specific functions, also act collectively as the “Republican Moral Council” to submit to the Supreme Tribunal actions they believe are illegal, particularly those which violate the Constitution. The holders of the “citizen power” offices are selected for terms of 7 years by the National Assembly.

Electoral Council

The National Electoral Council is responsible for organizing elections at all levels. Its members are elected to seven-year terms by the National Assembly.