Home > 3 Electoral systems > 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
 
 
 
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Paragraph 37
 

Article 236 §1 of the Constitution states that the President has the attribution and the duty to comply with and enforce the Constitution and the law. Article 236 § 2 affirms that the President has the power to direct the activity of the Government. None of these powers gives the President the authority to change the electoral system established by the law. Moreover, the first of these articles obliges the President to comply with the law and the Constitution in force. According to Article 187 § 1 of the Constitution, the National Assembly is the only institution which can enact laws. Article 236 § 8 of the Constitution provides that the President can adopt decrees with force of law only upon explicit authorisation by the “ley habilitante”, and paragraph 10 of the same article provides that he can “issue regulations for the application of laws, in whole or in part, without altering the spirit, purpose and reason for being of the laws”. Now, in the present case neither a general law on the elections of the National Constituent Assembly, nor any “enabling law” have been enacted by parliament. In a state governed by the rule of law, the supremacy of the legislature in adopting legislation must be ensured: the executive may only legislate on the basis of an explicit constitutional provision, on the basis of a delegation of powers explicitly defined in a legislative act and under the control of parliament and the judiciary.