"Referenda processes and the National Constituent Assembly: With a fresh mandate and riding the popularity wave Chavez proposed a novel concept; that of referenda. At the time the body of laws was built upon the constitution of 1961, which, needs be stressed, did not contain any provision, article or mandate allowing the use of such supra constitutional mechanism nor did it exist any legislation to that effect. But that did not stop Chavez. Ever the gifted communicator he convinced the people that under the circumstances he could not rule: his line of reasoning could be summarized as “the State and its institutions must be re-found. Originary power resides in the people, as such I propose a referendum so that the people can vote on whether or not to convene a National Constituent Assembly that will rewrite the constitution and lay the foundations of a new State.” The actual question presented on referendum to voters on 25 April 1999 was “¿Convoca usted una Asamblea Nacional Constituyente con el propósito de transformar el Estado y crear un nuevo ordenamiento jurídico que permita el funcionamiento efectivo de una Democracia Social y Participativa?”
Neither him, nor the people, were bothered by the fact that convening a National Constituent Assembly was unconstitutional; with polls indicating 80% support he did not give a second thought about alienated parties. 3,630,666 votes, or 33% of registered voters, signed the blank check and approved the experiment of transforming the State, creating a new judicial order that would allow an effective functioning of a participative and social democracy. Selection of members of the Constituent Assembly followed and cronies of Chavez managed to get 124 out of the 131 seats."
You decide.
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