Home > 2.1.3 Jurisdictions > VENEZUELA - ON THE LEGAL ISSUES RAISED BY DECREE No. 2878 OF 23 MAY 2017 OF THE PRESIDENT OF THE REPUBLIC ON CALLING ELECTIONS TO A NATIONAL CONSTITUENT ASSEMBLY
 
 
 
Download file    
 
 
Paragraph 29
 

Decision 378/2017 of the TSJ does not account for the different wording (the exercise of the original constituent power by the people of Venezuela by calling the election of the NCA vs. the power of the President to take the initiative, that is to call a referendum on whether or not to have the elections of a NCA), of the constitutional provisions at issue. The TSJ also fails to counter the – apparently evident - explanation to these provisions either: the intention to regulate in the new constitution the procedure for adopting a new constitution which was already followed in 1999 but without an explicit basis in constitutional provisions; a procedure which also includes a referendum on the convocation of a National Constituent Assembly.