Abusive Constitutionalism and Effective Judicial Protection. The Beginning of Institutional Shutdown in Venezuela

Abstract

During the last two decades Venezuela has been subjected to suffering a process of very important political changes. In this period, surged New the Constitution in 1999 and there have been different attempts to reform and amend it. In addition, its text has been interpreted through the different mechanisms of constitutional control that it foresees. In addition to the above, the Venezuelan Supreme Court of Justice has produced at least one hundred sentences in its different Chambers in which the powers of the National Assembly have been directly influenced. This investigation research seeks to determine specifically if the judicial decision 001 of its Electoral Chamber of December 7, 2016 and those related to it constitute a case of the so-called abusive constitutionalism violating the judicial and effective protection of those who were the recipients. This article will argue the former by analyzing: (i) the background of the above-mentioned judicial decision; (ii) The subsequent violation of the following rights: to be heard, due process and effective judicial protection; (iii) If the judicial decision 001 (2016) is the starting point of “abusive constitutionalism” in Venezuela; (iv) The challenges of ‘abusive constitutionalism’ in the enhancement of Venezuelan democracy. Finally, the paper will end with a section of conclusions.