58-470: The open cabildo (Spanish: cabildo abierto ) is a traditional Hispanic American political action for convening citizens to deliberate policy. Originating in Spanish America as an iteration of the cabildo , it also spread to Spain. The open cabildo was a special mode of assembly of the inhabitants of Spanish American cities during the colonial period , in cases of emergencies or disasters. Usually,
116-489: A municipality . Cabildos were sometimes appointed, sometimes elected, but were considered to be representative of all land-owning heads of household ( vecinos ). The colonial cabildo was essentially the same as the one that was developed in medieval Castile . The cabildo was the legal representative of the municipality and its vecinos before the Spanish Crown and so it was among the first institutions established by
174-717: A changed view on businesses. This article sought to introduce support for alternative management of businesses. Mentioned in the article are cooperatives , family-owned businesses , small businesses and savings funds. The government supported these alternatives as a way to democratize capital and challenge oligopolistic control of the economy. Amendments proposed by President Chávez and parliament were twice decided in referendums: New Spain American Confederation of Venezuela Caudillismo Andean Hegemony Democratic period Bolivarian Revolution Venezuela had numerous constitutions in its history: The Law
232-456: A clean environment, right of minorities (especially indigenous peoples) to uphold their own traditional cultures, religions, and languages, among others. The 1999 Constitution, with 350 articles, is among the world's longest, most complicated, and most comprehensive constitutions. One of the outstanding differences between Venezuelan and most of the other constitutions of the Americas is the lack of
290-413: A constitutional convention for Venezuela as an ideal means to rapidly bring about sweeping and radical social change to Venezuela beginning from the eve of his 1992 coup attempt . After his imprisonment and release, he began to seek a political career with such a convention as its political goal. In the buildup to the 1998 presidential elections, one of Chávez's promises was to organise a referendum asking
348-472: A health budget such as to make possible the attainment of health policy objectives. In coordination with universities and research centers, a national professional and technical training policy and a national industry to produce health care supplies shall be promoted and developed. The State shall regulate both public and private health care institutions. Article 308 of Title VI the Venezuelan constitution showed
406-452: A smaller body, the cabildo or ayuntamiento consisting of set number of regidores (usually 24 in the largest cities) elected by the property owners in the city. The new bodies took their permanent form by the end of the 14th century. As part of the same process, a municipal council (the consell ) with different attributes and composition also evolved in the neighboring Kingdom of Aragon during this period. In theory, every municipality in
464-532: A vote in cabildo deliberations and would substitute the alcalde if the latter could not carry out the functions of his office; the alguacil mayor , who oversaw local law enforcement ; the fiel ejecutor , who was the inspector of weights, measures and markets, in charge of the supplies of the city and oversaw municipal sanitation; the procurador or city attorney; and a scribe . After the Bourbon Reforms , peninsulares were almost exclusively appointed to
522-610: Is a fundamental social right and the responsibility of the State, which shall guarantee it as part of the right to life. The State shall promote and develop policies oriented toward improving the quality of life, common welfare and access to services. All persons have the right to protection of health, as well as the duty to participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures as may be established by law, and in accordance with international conventions and treaties signed and ratified by
580-489: Is an idea derived from Bolivar's constitutionalism . Lastly, the Venezuelan judiciary was reformed. Judges would, under the new constitution, be installed after passing public examinations and not, as in the old manner, be appointed by the National Assembly. As Articles 83–85 under Title III of the 1999 Venezuelan Constitution enshrine free and quality healthcare as a human right guaranteed to all Venezuelan citizens,
638-557: Is headed by the National Electoral Council (CNE) and is responsible for the independent oversight of all elections in the country, municipal, state, and federal. The citizens' branch is constituted by the (defensor del pueblo) ( ombudsman or "defender of the people"), the Chief Public Prosecutor (fiscal general) , and the comptroller general (contralor general) . It is responsible for representing and defending
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#1732858213418696-455: Is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism . The Constitution of 1999 was the first constitution approved by popular referendum in Venezuelan history, and summarily inaugurated the so-called " Fifth Republic of Venezuela " due to the socioeconomic changes foretold in its pages, as well as the official change in Venezuela's name from
754-525: The Hugo Chávez administration attempted to fulfill its constitutional obligations via the Barrio Adentro program. Notably, Article 84 under Title III mandate that the healthcare furnished through such public programmes as Barrio Adentro be publicly funded, and explicitly forbids privatization under any circumstance. The relevant text from the 1999 Bolivarian Constitution reads: Article 83 : Health
812-558: The President of Venezuela . Provision was also made for a new position, the Public Defender ( Defensoría del Pueblo ), which was to be an ombudsman office with the authority to check the activities of the presidency, the National Assembly, and the constitution – Chávez styled such a defender as the guardian of the so-called 'moral branch' of the Venezuelan government, tasked with defending public and moral interests. This
870-542: The República de Venezuela ("Republic of Venezuela") to the República Bolivariana de Venezuela ("Bolivarian Republic of Venezuela"). Major changes are made to the structure of Venezuela's government and responsibilities, while a much greater number of human rights are enshrined in the document as guaranteed to all Venezuelans – including free education up to tertiary level , free health care, access to
928-569: The conquistadors themselves after, or even before, taking over an area. For example, Hernán Cortés established La Villa Rica de la Vera Cruz to free himself from the authority of the Governor of Cuba. The word cabildo has the same Latin root ( capitulum ) as the English word chapter and in fact is also the Spanish word for a cathedral chapter . Historically, the term ayuntamiento was often preceded by
986-617: The consells insulars ( island councils ) of the Balearic Islands . Constitution of Venezuela The Constitution of the Bolivarian Republic of Venezuela ( Spanish : Constitución de la República Bolivariana de Venezuela (CRBV)) is the current and twenty-sixth constitution of Venezuela . It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. Adopted in December 1999, it replaced
1044-565: The indigenous participated. Early open cabildos demonstrated some elective power. Following Francisco Pizarro 's death, Pedro de Valdivia 's appointment to Governor of Chile by a series of open cabildos in May 1541. As permitted by Carlos V , Asunción 's open cabildo of vecinos elected the governor from 1548 to 1736, when it was revoked due to their participation in the Revolt of the Comuneros . During
1102-535: The regidores were elected by all the heads of household. In the late Middle Ages, those elections often turned violent, with citizens forming bands to control elections and even resorting to murder. To minimize that problem, kings began to appoint a certain number of or even all of the regidores in certain cities. By the modern era, different cabildos had different mixes of elected and appointed regidores both in Europe and overseas. Finally, to add another layer of control,
1160-431: The 16th century and Santiago del Estero in the 18th century. Their composition varied. Ubiquitous constituents were statesmen and clergy , whilst vecinos' consistent inclusion is indeterminate; generally, their participation increased during the later centuries of the colonial period, however " vecino "'s delineation correspondingly decreased. It is also ambiguous as to what extent Spaniards, criollos , mestizos , and
1218-612: The 16th century, those in Spain could elect their alcaldes ; one in Havana exercised similar power until at least 1553, voting on two candidates; in 1603, the body reformed under the pretense of combatting piracy , which was a common recourse. At the beginning of the Spanish American wars of independence open cabildos played a decisive role were the path by revolutionary movements, acting as organs of popular participation, were able to remove
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#17328582134181276-477: The 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez . Chávez and his followers ( chavistas ) refer to the 1999 document as the "Constitución Bolivariana" (the "Bolivarian Constitution") because they assert that it
1334-525: The Chief Executive, head of state and head of government, with the power to dissolve the National Assembly under certain conditions, and can issue decrees that has the force of law, upon authorization by the National Assembly. In 2009, term limits (not only that for president) were abolished by a referendum. And a post of vice-president was recreated to direct the day-to-day operations of the government and to exercise duties and powers that may delegated by
1392-626: The Chief Justice of the Supreme Court, Cecilia Sosa Gomez, argued that the Constituent assembly must remain subordinate to the existing institutions until the constitution it produced had been ratified. In mid August 1999, the Constituent assembly moved to restructure the nation's judiciary, claiming the power to fire judges, seeking to expedite the investigations of corruption outstanding against what The New York Times estimated were nearly half of
1450-462: The Constituent assembly and the older institutions it was supposed to reform or replace. During his 1998 presidential campaign, and in advance of the 25 July elections to the Assembly, Chávez had maintained that the new body would immediately have precedence over the existing Congress and the courts, including the power to dissolve them if it so chose. Against this, some of his opponents, including notably
1508-501: The President as well as to act as the chief operating officer of government. He or she can be removed via impeachment by the National Assembly. The vice-president is also politically responsible to the National Assembly side by side with the ministers of Cabinet. Upon the vacancy of the office of the president upon death, recall, resignation or impeachment by the STJ, the vice president thus assumes
1566-638: The Republic. Article 84 : In order to guarantee the right to health , the State creates, exercises guidance over and administers a national public health system that crosses sector boundaries, and is decentralized and participatory in nature, integrated with the social security system and governed by the principles of gratuity, universality, completeness, fairness, social integration and solidarity. The public health system gives priority to promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health assets and services are
1624-553: The Spanish colonies in the Americas and the Spanish Philippines had a cabildo. Municipalities included not only the cities but also the surrounding lands. All lands were ultimately assigned to a municipality. Usually, the cabildo made local laws and reported to the presidente (president) of the audiencia , who in turn reported to the viceroy . The cabildo had judicial, legislative, and administrative duties. For that reason, it
1682-429: The administrative centre of a large terminus or alfoz , which was analogous to the ancient territorium . In general, municipal governments often consisted of a council ( consejo ) that was open to all the property-owning adult males of the city and a nobleman appointed to represent the king and organize the defense of the city and terminus . By the 13th century, these open councils proved unwieldy and were replaced by
1740-509: The budget and communications. In response, the Congress, which in July had decided to go into recess until October to avoid conflict with the Constituent assembly, declared its recess over, effective 27 August. At one point the Constituent assembly prohibited the Congress from holding meetings of any sort. However, on 10 September, the two bodies reached an agreement allowing for their "coexistence" until
1798-419: The cabildo had one or two magistrates, the alcades , whom the regidores elected every January 1. Alcaldes served as judges of first instance in all criminal and civil cases and acted as presiding officers of the cabildo unless there was a corregidor . In provincial capitals, the first alcalde would fill in for incapacitated governors. Other officers were the alférez real (royal standard-bearer), who had
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1856-413: The citizens in their dealings with powers of the Venezuelan state. The legislative branch was changed from a bicameral system to a unicameral system . It also increased the presidential term of office from five to six years, subject to a limit of two terms. The document also introduced provisions for national presidential recall referendums – that is, Venezuelan voters now were to be given
1914-543: The collapse of the Western Roman Empire and the establishment of the Visigothic Kingdom , the ancient municipal government vanished. In many areas, seeking to escape from the political instability around them, people entrusted themselves to large landholders and to exchanging their service for the landholder's protection in a process that ultimately led to feudalism . (See also Manorialism .) In areas in which
1972-593: The colonial authorities and establish new revolutionary governments. Such occurred in San Miguel de Tucumán on 21 May 1810, Bogotá 10 July 1810, and Granada, Nicaragua 22 December 1811. In modern times, some Latin American countries have used the name "open cabildos" for public assemblies convened by municipal governments to decide local matters of public importance. The term is sometimes used for present-day public meetings to make decisions. Some modern versions, while using
2030-660: The colonial cities were governed by a cabildo or an ayuntamiento , a municipal council in which most of the officers were appointed by the authorities. In cases of emergency, the cabildo could convene the heads of household ( vecinos ) or a section/all of the citizenry in an "open" cabildo. Typically located at the main church, square, or a member's house, it could be convened in the absence of legal precedent for mobilizing soldiers, announcing taxes, receiving information and communications, and promulgating emergency laws, among other issues. In La ciudad Indiana (1900) by Juan Agustín García [ es ] , he characterized
2088-466: The document was, as drafted, one of the world's lengthiest constitutions. Despite the initial reluctance of the constituent assembly's deputies, it changed the country's official name from the "Republic of Venezuela" to the "Bolivarian Republic of Venezuela". Significant changes were made to the separation of powers . Instead of the usual three branches of government, the new Bolivarian Republic of Venezuela has five (Article 136): The electoral branch
2146-519: The electoral system suggested by Chávez. Elections were then held, on 25 July, to elect 131 deputies to the Constituent Assembly, which convened and debated proposals during the remainder of 1999. Members of Chávez's MVR and allied parties formed the Polo Patriotico ("Patriotic Axis"). The alliance went on to win 121 of the 131 seats in the Constituent assembly. Conflict soon arose between
2204-481: The financial crisis in the late 16th century. As a result of being shut out of those offices, creoles turned to the cabildos for political power. Soon enough, cabildos became the centre of power for creoles, as evidenced in many of the clashes, usually with the peninsular -dominated audiencias , in the period leading up to the Spanish American Wars of Independence . In the first decades of the national period,
2262-603: The following 20 December. The text of the constitution is a hybrid of jurisprudential and political norms drawn from sources as wide as Simón Bolívar 's writings on constitutionality and popular sovereignty, José Martí , the Peruvian Marxist José Carlos Mariátegui , and Evgeny Pashukanis . While it retains a strong liberal-democratic base, it introduces elements of direct democracy such as elements of popular sovereignty ( consultative or recall referendums), social responsibilities, right to rebel against
2320-403: The historically evocative name, can be more similar to an outdoor rally. In Venezuela, the open cabildo is one part of a set of provisions required to preserve democracy. Article 70 of the nation's Constitution says that "there [must be] methods for the people to exercise their sovereignty in politics [including] the open forum and assembly of citizens whose decisions will be binding". Because
2378-461: The kings introduced corregidores to represent them directly and preside over the cabildos. Although many municipalities lost their right to elect all or some of their regidores as time went on, cities and cabildos gained new power with the development of the Castilian and Leonese Parliaments (the cortes ) because cities had a right to representation in them. In addition to the council members,
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2436-461: The legally binding vote is tied to the open cabildo, the Constitution may be interpreted to say that the forum can still have the power of a political referendum . Cabildo (council) A cabildo ( Spanish pronunciation: [kaˈβildo] ) or ayuntamiento ( Spanish: [aʝuntaˈmjento] ) was a Spanish colonial and early postcolonial administrative council that governed
2494-442: The nation's 4700 judges, clerks, and bailiffs. On 23 August, the Supreme Court voted 8–6 that the Assembly was not acting unconstitutionally in assuming those powers; however, the next day Cecilia Sosa Gomez resigned in protest. Over 190 judges were eventually suspended on charges of corruption. On 25 August, the Constituent assembly declared a "legislative emergency," voting to limit the Congress's work to matters such as supervising
2552-403: The national political context. In the process, Chávez sought to fatally paralyse his AD and COPEI opposition. All Chávez's aims were, in one move, dramatically furthered. This new 1999 constitution was presented to the national electorate on 15 December 1999 and approved with a 72% "yes" vote (audited by the National Electoral Council ). The new constitution then legally came into full effect
2610-634: The new constitution took effect. Afterward, over the span of a mere 60 days in late 1999, the new and voter-approved Constituent assembly would frame and found a document that enshrined as constitutional law most of the structural changes Chávez desired. Chávez stated such changes were necessary in order to successfully and comprehensively enact his planned social justice programs. Sweeping changes in Venezuelan governmental structure were to be made; Chávez's plan was, stemming from his 1998 campaign pledges, thus to dramatically open up Venezuelan political discourse to independent and third parties by radically altering
2668-461: The office and title of the presidency. The new constitution also converted the formerly bicameral Congress into a unicameral legislature, and stripped it of many of its former powers. Thus, the new single-chamber National Assembly dropped the prior traditional arrangement of the bifurcation of legislative powers between a Chamber of Deputies and a Senate . In addition, the legislative branch's powers were substantially reduced and transferred to
2726-504: The old territoria survived, the Visigothic kings appointed a single officer, called either a comes or a iudice , to replace the defunct municipia or civitates . After the Muslim conquest , the new rulers also appointed various judicial officers to manage the affairs of the cities. Qadis heard any cases that fell under the purview of Sharia law , and sahibs oversaw the administration of
2784-404: The open cabildo as a function of communicating orders by the royal government, rarely formulating policy. William Wheatley Pierson Jr. agreed, claiming authoritative weakness as a general fact whilst strength dependent on circumstantial development. Historians Modesto Chávez Franco [ es ] and Francisco X. Tapia assert meetings were not frequent, with outliers being Zacatecas in
2842-415: The people if they wanted to convene a National Constituent Assembly . His very first decree as president was to order a referendum , which took place on 19 April. The electorate were asked two questions – whether a constituent assembly should be convened, and whether it should follow the mechanisms proposed by the president. 92% of voters approved calling a constituent assembly and 86% approved
2900-470: The positions of viceroy and bishop. Other offices, such as oidores of the audiencia , corregidores (in the places in which they continued to exist after the Bourbon Reforms) and intendant , also saw a rise in the proportion of peninsulares being appointed. The last ones had been positions to which creoles once had easy access, especially after the approval of the sale of offices, which began during
2958-461: The possibility of impeachment of the president by the national parliament . Instead, the president can be removed from office either by citizens through a recall referendum or by decision of the Supreme Tribunal of Justice . President Hugo Chávez was first elected under the provisions of the 1961 Constitution in the presidential election of 6 December 1998. Chávez had been contemplating
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#17328582134183016-482: The property of the State and shall not be privatized. The organized community has the right and duty to participate in the making- of decisions concerning policy planning, implementation and control at public health institutions. Article 85 : Financing of the public health system is the responsibility of the State, which shall integrate the revenue resources, mandatory Social Security contributions and any other sources of financing provided for by law. The State guarantees
3074-427: The right to remove their president from office before the expiration of the presidential term. Such referendums were to be activated upon provision of petitions with a valid number of signatures. The new provision was activated for the first time when such a referendum was held in 2004, but it failed to receive majority support. See 2004 Venezuelan recall referendum . The Presidency was also strengthened, aside from being
3132-667: The traditional form of the cabildo was kept in several Spanish American nations although they were eventually replaced by legislative municipal councils . Because cabildos were the city government, the city administrative offices were often called the " cabildo ". Those names are preserved in parts of Latin America and even in New Orleans . At present, cabildos exist only on the Canary Islands ( cabildos insulares ),with one governing each island, and they are elected. Cabildos there resemble
3190-508: The various other areas of urban life, such as the markets and the public order . The cabildo proper began its slow evolution in the process of the Reconquista . As fortified areas grew into urban centres, or older cities were incorporated into the expanding Christian kingdoms of Portugal , León and Castile , kings and sometimes local lords granted the cities various levels of self-rule and unique sets of laws (the fueros ) and made them
3248-422: The violation of the constitutional system (articles 333 and 350) and the independence of the republic from foreign domination. Besides these elements, separation of powers (albeit with two new branches of government) and rights of property, expression and strike were mainly kept the same as on the previous constitution. The Constituent assembly itself drafted the new 1999 Venezuelan constitution. With 350 articles,
3306-433: The word excelentísimo ( English : "most excellent") as a style of office in referring to the council. That phrase is often abbreviated Exc. Ay. The Castilian cabildo has some similarities to the ancient Roman municipium and civitas , especially in the use of plural administrative officers and its control of the surrounding countryside, the territorium , but its evolution is a uniquely-medieval development. With
3364-413: Was often addressed with the formula, Consejo, Justicia y Regimiento (Council, Justice and Government ). The cabildo consisted of several types of officials. There were four to twelve regidores , depending on the size and importance of the municipality. Regidores were not just deliberative officers, but all shared in the administration of the territory by dividing tasks among themselves. Initially
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