CARACAS, Thursday December 18, 2008 | Update
The Constitutions that define the government of Hugo Chávez and Queen Elizabeth are quite different (Photo: AFP)
Politics
Spanish professor of Constitutional Law Rafael Rubio Núñez
labeled as "ignorant or demagogic" the government officials
who lobby for the proposal to implement indefinite presidential
reelection upon the grounds that in Europe's democratic countries
presidents can opt for reelection as many times as they wish.
The lecturer with Madrid's Universidad Complutense recalled
that the immense majority of European nations is governed
by a parliamentarian system, whereas in Venezuela operates
a presidential model.
During an interview with El Universal, the expert explained
the differences between these models.
"In a parliamentarian system, the Executive branch is elected
by the legislature; in a presidential system, the representative
of the Executive Office is directly elected by the people,"
he said. "As a result, in a parliamentarian system, the government
is continuously followed up by the Parliament and at any time,
again, at any time, its powers can be reversed. The limitation
of the term in office is inherent in the presidential system.
Time is virtually the only limitation that can be set to the
power of a democratic president," he added.
Early this year, the coalition of leftwing political parties
that backed Italian Premier Romano Prodi fractured and missed
a censorship motion in the Senate. The defeat forced the prime
minister to resign, when as few as 20 months had elapsed since
his election. This entailed the fall of the 56th government
in the European country where the Republic was established
in 1946.
On November 1990, British Prime Minister Margaret Thatcher
was forced to step down by members of her own party, who had
the majority in the Parliament. The reason? The image of the
Executive chief had worn out after 11 years of government
and her comrades were afraid of losing the general election
in 1991 should he continue as the head of government.
Not so powerful
Further, Rubio Núñez stressed that European
prime ministers have much fewer powers than the Venezuelan
president, who, under the 1999 Constitution, was granted additional
legal authority, such as dissolving the National Assembly
and/or calling a referendum. Pursuant to the French Constitution,
for instance, the president of the Republic, as head of state,
appoints the prime minister. However, the latter is the one
in charge of the government and the public administration.
Also, the French Constitution affords the president the status
of supreme chief of the armed forces, as well as in the Venezuelan
case, with one proviso: the president is not empowered to
promote military officers.
In the meantime, in Spain and the United Kingdom, where there
are parliamentarian monarchies, kings act as heads of state.
In the practice, however, their role is merely symbolic. Economy,
public services, military affairs and other national matters
are the responsibility of the heads of governments or prime
ministers.
The expert in constitutional law also said that in presidential
systems, the Executive branch "lies in one man only; in the
parliamentarian model it is apportioned among several persons."
If a political party has not the majority in the legislature,
then it should ally with other political parties to achieve
the number of positions needed to form a government. Such
alliances force the majority party to surrender a significant
portion of its power, i.e.: ministries and institutes, among
others.
Back to the caudillo's rule
Rubio Núñez criticized President Hugo Chávez's
attempt at bringing forward again this topic, despite being
discussed in the draft constitutional reform bolstered in
2007 and rejected by most voters. "If we consider that the
matter intended to be changed was subject to the constituent
will less than one year ago, we should conclude that the proposed
amendment means a fraud to the stabilizing role of the Constitution,"
he said.
The lecturer did not hesitate to say that the potential materialization
of the amendment to article 230 could go in the direction
of a dictatorship.
"To prevent the constitutional restrictions to expanding
power is just the first step towards the limitation of powers'
severability and their eventual disappearance. In Venezuela,
the Constitution runs the risk of losing its regulating strength
to become a mere sheet of paper, protecting no more the people
against a caudillo's ambitions."
Historically, citizens have been the most harmed in caudillo-like
trends -in Europe we are very knowledgeable about it."
Translated by Conchita
Delgado
Juan Francisco Alonso
EL UNIVERSAL
05:09 PM. Economy. If any country has cashed in on the Bolivarian revolution, that is Brazil, particularly the private companies of the southern neighbor. Over the past five years, it has been awarded contracts for works to be carried out in Venezuela for over USD 14 billion. This puts it as the first recipient of government-to-government contracts, that is, without bidding, since Hugo Chávez took office.