Chavez cuts back on Federalism, strong on Centralism

Chavez yesterday enacted an ammendment to the Descentralization Law in Venezuela. Venezuela has been traditionally a federalist country. In fact after the United States Revolution, the first country in North and South America to adopt the federalism as a form of the State, was Venezuela. Yes, it was the United States of Venezuela and was adopted back in 1864 by Juan Crisostomo Falcon. The United States of Venezuela existed from 1864 to 1953, when the country is termed Republic of Venezuela.

In 1999, Venezuela decided to change its name from Republic of Venezuela to Bolivarian Republic of Venezuela, that is following Chavez intention to constitute Venezuela a Bolivarian State. Whatever that means and/or entails.

However, the 1999 Bolivarian Republic of Venezuela Constitution provides that the form of the Republic is a Federalism. This is provided under Article 4. Which entails that the States are political units protected under the Constitution. Further, it provides exclusive jurisdictions of the States of the Republic to manage airports, ports, highways and streets. This can be found under Article 164. And yes, the language it provides "exclusive jurisdiction of the States"...."competencia exclusiva de los Estados"...and we can find under subsection 10) the administration of airports, ports, highways and streets.

Now, Chavez has once again violated the Constitution. Or probably it was the National Assembly (Asamblea Nacional) by enacting a law clearly in contravention of the Constitution. The ammended law (Ley de Descentralización published 17/3/2009 under Official Gazzette 367.985) directly provides that the National Government or Executive power (i.e the Presidency) will have concurrent jurisdiction along with local States. This is evidence of the shift of government policies, from a mild federalism to a strong centralist government in Caracas. In my opinion, this is mainly due to the influence of Cuba in Venezuelan politics. Perhaps Cuban consultants are advising Chavez of a way to control the exercise of power in Venezuela.

Now my question is, how can the National Assembly (acting as Chavez's agent or otherwise) ammend a direct provision of the Constitution by enacting a law? Or, better off for you attorneys, how can a law abrogate the Constitution?

Well my friends only in a country with dictatorship and lack of rule of law you can see such things.