Venezuela 1999
The Venezuela constitution of 1999 was a response to institutional crisis, growing income inequality, and diminished rule of law. A series of failed constitutional reform efforts and coup attempts also prompted the reform effort. Using the Colombia case as a precedent, the president urged the country to break with past procedures. The country’s supreme court agreed to accept the outcome of a referendum on whether to convene a constituent assembly. The referendum gave the president the power to design the constitution-making process unilaterally, except for the choice of forum: a constituent assembly. Selection of delegates to the 131-member assembly took place in three parts: 1) 104 members were elected from regional constituencies on a first-past the post system 2) 24 delegates were elected on a national basis using a first-past-the post system, and 3) 3 seats were reserved for indigenous peoples. The president’s party held an overwhelming majority, and the opposition was largely shut out. The assembly created sub-committees to prepare the initial text but established no separate commission for consultation or drafting. There was an open call for written submissions, and the president offered a draft, which the assembly did not use. The sessions to develop the initial text took place behind closed doors, although plenary sessions were televised and simulcast on the web. Members of the public were invited to interact with delegates at this stage via 26 video-conferencing centers around the country. The final draft was submitted to a national referendum. Turnout was 54.6% and 71.2% of those voting accepted the new document.
Notes: The turnout in the referendum was only 39% and several groups boycotted. Mayors, governors, students, the press, and the Catholic church urged a n vote on the referendum on the grounds the new constitution concentrated too much power in the hands of the president. During the process the assembly shut down the regular legislature and re-organized the judiciary. Institutional crisis persisted.