Overview and context

Law projects (bills) are proposed by members of the National Assembly and go through two readings. Unless rejected during the first reading, the bill is sent to the corresponding legislative committee to elaborate the legal text. In the second reading, the bill is debated article by article. If approved outright, the bill will be proclaimed law by the Secretary of the National Assembly and sent to the executive branch for the President’s sanction. Should serious objections be raised, amendments will be proposed and the bill will return to the designated committee for revision.

The current Constitution of the Bolivarian Republic of Venezuela was passed in 1999. Venezuela’s judicial power is headed by the Supreme Tribunal, which is a court of last resort. The Supreme Tribunal is empowered to invalidate any laws, regulations or other acts of the other governmental branches conflicting with the Constitution. Article 335 of the Constitution states that: “t[T]he Supreme Tribunal of Justice shall guarantee the supremacy and efficacy of constitutional rules and principles; it shall be the supreme and ultimate interpreter of the Constitution and shall see to the uniform interpretation and application of the same. Interpretations established by the Constitutional Division concerning the contents or scope of constitutional rules and principles are binding on the other division of the Supreme Tribunal of Justice and on all of the other courts of the Republic”. Venezuela’s Constitution further establishes a diffuse model of judicial review in its article 334, which reads as follows: “All of the judges of the Republic, within their respective spheres of competence and in accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of the Constitution. […]”. 

Venezuelan constitutional law dictates that during the drafting of proposed legislation, the National Assembly and Legislative Committees shall consult with the executive branch (represented by the Council of Ministers), the judicial branch (represented by the Chief Justice of the Supreme Court), a special organ called the Council for Republican Morals meant to protect the democratic interests of citizens, and organised civil society. A bill becomes law once signed by the Secretary of the National Assembly, the President and two vice-presidents; and enacted on the day of its publication in the official gazette.