Chávez's majority in Congress to pass law against changing sides

[ChangoLoa]

____

The name of the bill is: Draft Partial Amendment to the Law on Political Parties, Rallies and Demonstrations. The legal instrument includes a chapter on the "commitment of legislators to their constituents."

Article 29 of the bill states: "Any behavior that deviates from the political guidelines and positions presented in the party platform as part of the election offer is a fraud to constituents."

Tough punishment
Any deputy who engages in "fraudulent behavior" will face "partial or total disqualification, upon request of citizens or a deputy in representation of his/her parliamentary group."

The text was submitted by the Committee on Domestic Policy of the National Assembly, which substantiates the initiative on Article 66 of the Constitution: "Voters have the right to obtain from their representatives, public, transparent and regular accounting for their office, in accordance with the offered program."

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http://english.eluniversal.com/2010/12/16/en_pol_esp_chavezs-majority-in_16A4863537.shtml

[ChangoLoa]

1. The Communist Party seems to disagree (es)

PCV se abstiene en 1a discusión a Ley de Partidos

El Partido Comunista expresó su desacuerdo con la reforma, según explicó en su intervención el diputado Figuera. "El partido comunista se va a abstener en la primera discusión de la Reforma a la Ley de Partidos Políticos", mencionó algunos puntos, específicamente aspectos sancionatorios.

http://www.ultimasnoticias.com.ve/Noticias/PCV-se-abstiene-en-1a-discusion-a-Ley-de-Partidos.aspx

[social_critic]

2. It seems the communist party congressmen are afraid of what's coming

Very interesting.

[David__77]

25. Not "afraid," they just disagree.

It was the alliance of the PSUV and the communists that won the last elections. The PCV supports Chavez while most of the nominally left parties do not.

[naaman fletcher]

3. more anti-democratic behavior by Chavez nt

[bemildred]

4. Sounds good to me.

"Voters have the right to obtain from their representatives, public, transparent and regular accounting for their office, in accordance with the offered program."

[naaman fletcher]

5. huh?

So, for example, if this law was applied to the US scott brown should be charged with fraud for voting for DADT?

[bemildred]

7. The phrase I quoted says nothing about criminal process. nt

[social_critic]

6. It's unconstitutional - Check Article 201

I assume you have access to the new constitution.

[bemildred]

8. LOL.

So you are too lazy?

[social_critic]

9. Venezuelan Constitution

http://www.constitucion.ve/constitucion.pdf

Try reading it if you have the time. It's a pretty good document.

[ChangoLoa]

10. Art. 201:

"The deputies are the representatives of the people and the States in the aggregate, not subject to mandates nor instructions, but only to their conscience.

Their vote in the National Assembly is personal."

[social_critic]

11. This will be an interesting theme in law schools

I would use this as a case study in law school. It's fairly straightforward, and it should keep the students more interested in the subject matter. Too many of them focus more on tax law rather than constitutional law.

[ChangoLoa]

14. It seems clear

I doubt that the Consejo Constitucional will say anything though. Let's see.

[bemildred]

12. Thanks, that is interesting, and I like it, but I don't see where it contradicts:

"Voters have the right to obtain from their representatives, public, transparent and regular accounting for their office, in accordance with the offered program." which I think is exactly right, what elections for example are all about, accountability of elected representatives to the represented. You have two different issues, the independence and autonomy of the representative in that role, and the accountability of the representative for his performance of that role.

Article 29 of the bill I would criticize, it seems dumb and heavy-handed, to say the least. But OTOH, if the deputies are doing this to themselves, and they are accountable only to their consciences, don't we have a sort of paradox?

I would tend to think Article 201 is not well thought out either, thought the sentiment is nice. It seems unenforceable. I have a bias towards Constitutions that are short, unsentimental, and expressed in simple language.

[ChangoLoa]

13. "Voters have the right to obtain..." is the art. 66 of the Constitution. It already exists.

That's where they pretend to substantiate the new bill and, more particularly, its art. 29:
"Any behavior that deviates from the political guidelines and positions presented in the party platform as part of the election offer is a fraud to constituents".

To many, that art. 29 is contrary to the art. 201 of the Constitution: "The deputies...not subject to mandates nor instructions, but only to their conscience.
Their vote in the National Assembly is personal."

[bemildred]

15. Yeah, I got that, I quoted it from the OP, I said I would criticize Art. 29.

Did you get the distinction between accountability to the voters and autonomy in ones role in the legislature? Art. 29 is clearly a foolish attempt to enforce party control in legislature. So what? Stupid laws are not something invented in Venezuela.

[ChangoLoa]

16. I strongly agree with the supervision exercised by the voters

We can even revoke our deputy. The 1999 Constitution is very progressive and innovative. Unfortunately, it doesn't seem to fit the model of power that's being constructed anymore.

[bemildred]

17. Well it sounds like a stupid law, (Edit: Art. 29 I mean) I doubt if it's constitutional.

But I live in the USA, we have lots of stupid unconstitutional laws here too. Life goes on.

[social_critic]

19. We sure do, and life does go on

But this is a very interesting subject. One of these days I may sit down to write a generic constitution for a multi-ethnic country, and publish it in a book. Hopefully it would be a fairly short book.

[social_critic]

18. The Communist Party of Venezuela leadership pointed out your argument is invalid

This point you make is part of the debate record in the National Assembly of Venezuela. The Communist Party leadership refused to back the law on first reading, because they feel the constitution allows the voters to recall the aseembly person, and don't feel the party leadership should be making the decision as to whether a representative represents its constituents properly. I suppose you are duty bound to defend the party leaders no matter what they do, but I found the Communists' argument quite lucid, and I admire their honesty in standing up for what they believe. There is also article 201, which clearly states the assembly person only answers to his or her constituents.

As I said, this discussion would make a very interesting case study for law students. I think most of these laws are flawed, but I tend to be a minimalist who believe laws should be short, sweet, and to the point. Politicians everywhere have a problem with this, and write endlessly, which of course gives lawyers a field day.

[COLGATE4]

21. For every complex problem there is always a solution that is

short, sweet and to the point. Unfortunately, it is invariably wrong.

[social_critic]

23. The Declaration of the Rights of Man of 1793 - Short and sweet

Quoting some sections:

The right to express one's thoughts and opinions by means of the press or in any other manner, the right to assemble peaceably, the free pursuit of religion, cannot be forbidden.

Security consists in the protection afforded by society to each of its members for the preservation of his person, his rights, and his property.

The law ought to protect public and personal liberty against the oppression of those who govern.

The right of property is that which belongs to every citizen to enjoy, and to dispose at his pleasure of his goods, income, and of the fruits of his labor and his skill.

No one can be deprived of the least portion of his property without his consent, unless a legally established public necessity requires it, and upon condition of a just and prior compensation.

http://www.columbia.edu/~iw6/docs/dec1793.html

[steven johnson]

20. Sounds like the usual Venezeulan security operatives are alive and well

and monitoring this site for any anti-Chavez reports.

[EFerrari]

22. LOL

[steven johnson]

24. ITSFWIFYISSDDUS