Venezuela’s President said “nobody is above the original power” before placing his leadership under its authority.
Following the installation of the National Constituent Assembly last Friday, the Venezuelan President Nicolás Maduro has put his leadership into the hands of the body’s representatives.
Speaking to the newly elected members in the Federal Legislative Palace, Maduro acknowledged the results of the July 30 polls, in which more than 8 million people voted, with an assurance that “nobody is above the original power” before subordinating himself to their authority.
“Today we have the National Constituent Assembly and I come to recognize their plenipotentiary powers, original and great to govern the destinies of the Republic” he said.
In its second session earlier this week, the ANC approved an agreement which establishes the guidelines for the coexistence of the five Powers which make up the Venezuelan State, including the Executive, led by President Maduro.
Published in the Official Gazette on Thursday, it aims to ensure the “harmonious, constitutional and efficient institutionality of all branches of the Public Powers with the purpose of fulfilling the needs of the State by resolving past, current, surmounted and reducing threats. And risks that have directly and severely affected its mandate.”
Constitutional lawyer Hermann Escarra explained to the media that in this case the ANC can confirm the charge to the Venezuelan president and clarified that it is not a mandatory process but an act of recognition of the extraordinary power of the body.
“Nicolás Maduro’s decision is not a constitutional order, but rather an act of reaffirmation of the power he gave to the people, on May 1 when he summoned them to elect by the sovereign route an ANC which would restore peace to the nation,” Escarra said.
Article 349 of the Venezuelan Constitution ratifies that no power, including executive power, is above the ANC: “The President of the Republic can not object to the new Constitution. The constituted powers may in no way impede the decisions of the National Constituent Assembly. Once promulgated the new Constitution, it will be published in the Official Gazette of the Bolivarian Republic of Venezuela or in the Gazette of the National Constituent Assembly.”
Escarra also recalled that the late Bolivarian leader Hugo Chavez also made a “resignation of the presidential powers” before the Constituent Assembly in 1999 which had the same mission as the new ANC – to draft a Constitution.
August 10, 2017