Home > 1.3 Free suffrage > 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 46
 

The Constitution of Venezuela does not include any explicit provisions on the composition and election of the National Constituent Assembly. The Constitution however provides for the recognition of equality as a fundamental value (Articles 1 and 2), equality before the law (Article 21), the right to free, universal, direct and secret elections (Article 63) and elections “by universal, direct, personalized and secret ballot” to the National Assembly (Article 186). The general principles concerning the exercise of public power and the election of the organs exercising this power have also to be respected. These include the principle of equality, which in electoral legislation takes the form of the requirement of one person – one vote as well as the requirement of the equal weight of individual votes; a requirement which can only be deviated from for constitutionally pertinent reasons, such as the objective of guaranteeing the political representation of ethnic minorities or indigenous peoples.