Venezuela grants Chavez power to rule by decree

(AFP) – 22 hours ago

CARACAS — Venezuela’s national assembly on Friday granted President Hugo Chavez extraordinary legislative powers to govern the country by decree for the next 18 months.

The heavily pro-government legislature approved the measure to applause from the lawmakers, just three weeks after the opposition won landmark gains to take 40 percent of seats — 67 out of 165 — in the new assembly that takes over in January.

The new legislature will end the unhindered advantage the ruling United Socialist Party of Venezuela has enjoyed for five years in passing laws, after opposition parties boycotted the 2005 elections and were shut out of the process.

But the new law Friday appears to preclude the legislature’s clout, since Chavez could overrule it by simple decree.

“We declare as approved the law authorizing the president… to issue decrees with rank, worth and power of laws on matters delegated to him,” said National Assembly President Cilia Flores, adding that the measure would be submitted to Chavez immediately.

It is the fourth time Chavez has been allowed to rule by decree since he was first elected in 1999. He was given special powers in 2000, 2001 and 2008, when he approved more than 100 laws.

Chavez asked for the special powers to quickly deal with heavy rain and flooding of the past weeks that has killed 38 people and affected some 130,000.

Originally, they were to last for 12 months, but lawmakers extended the powers to 18 months by “request of of the (flood) victims themselves.”

According to the government’s Gaceta Oficial publication, Chavez new legislative powers, beside emergency matters, will also extend to finance, housing and infrastructure, social affairs, international cooperation, and urban planning.

In an address to the nation Thursday, Chavez said he had “nearly ready” some 20 laws he would announce once he was granted decree-ruling powers.

The assembly backing Chavez’ socialist-populist government has scurried in recent weeks to pass major legislation on the banking system and public administration, among other laws.

One law set for approval would punish electronic media that broadcast messages that put national security at risk, encourage unrest or support killing the president.

The measure, known as the Law of Social Responsibility on Radio and Television, also authorizes the executive to order Internet operators to restrict access to websites that broadcast the banned information.

The new law was strongly criticized both inside and outside Venezuela, with opposition lawmakers saying it was an effrontery to democracy and the principle of separation of powers.

“It’s a government plan to disqualify parliament and establish absolute autocratic rule starting January 1, with no oversight,” said opposition lawmaker Ismael Garcia.

“If (Chavez) had sent us the 20 laws he says are ready, we would have sped up the legislative process to benefit the 33,000 families affected (by the floods). But that’s not the real objective of the national government,” said deputy Simon Calzadilla.

Socialist lawmaker Carlos Escarra defended the new law, saying “our legal system requires a set of modifications so we can act promptly.”

In Washington the United States criticized Chavez’ demand for special powers, accusing the Venezuelan president of subverting the will of his people.

“He seems to be finding new and creative ways to justify autocratic powers,” State Department spokesman Philip Crowley said Wednesday.

Chavez later shot back at Crowley, saying he was “reading from the far-right’s playbook,” and insisting the charge was a “lie.”

Copyright © 2010 AFP. All rights reserved. More »

Here is news of the latest successful attempt of Mr. Chavez to govern Venezuela by Presidential fiat, for 18 months. The argument being that to govern by decree is antithetical to anything resembling constitutionalism. But before all the American political scribblers catch hold of this betrayal in their nets; there is a chastening thought: the case of Al Awlaki decided in Federal Court by Judge John Bates. He argued from the doctrine of political questions, that the Court must ‘step aside’ and dismissed the suit brought by Mr. Al Awaki’s father, to quash the order of his son’s death, the father having no ‘standing’ to bring such suit. The singular power to order the execution of an American citizen, or any person is an utter betrayal of our Constitution, the very history of human freedom is under attack, from within! So which is the most grievous breach of the spirit and letter of Constitutionalism? Is the imminent threat from self-identified extremist a variant on the ‘ticking time bomb’ argument, combined with the usual timidity of American Jurisprudence, and the unchallenged power of the Presidential will, the key to a new kind of Republican Dictatorship. Or is natural disaster the key to a legitimate argument for this Exceptionalism. We must look to Carl Schmitt as advocate for this pernicious doctrine. And we must oppose this bankrupt argument based on ‘the crisis’ of the moment, whoever its advocates.