[2] 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.
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 a clean environment, right of minorities (especially indigenous peoples) to uphold their own traditional cultures, religions, and languages, among others.
One of the outstanding differences between Venezuelan and most of the other constitutions of the Americas is the lack of the possibility of impeachment of the president by the national parliament.
In the buildup to the 1998 presidential elections, one of Chávez's promises was to organise a referendum asking the people if they wanted to convene a National Constituent Assembly.
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.
[4] Against this, some of his opponents, including notably 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.
[6] 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.
On 25 August, the Constituent assembly declared a "legislative emergency," voting to limit the Congress's work to matters such as supervising the budget and communications.
[7] 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.
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 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.
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.
The State shall promote and develop policies oriented toward improving the quality of life, common welfare and access to services.
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 organized community has the right and duty to participate in the making- of decisions concerning policy planning, implementation and control at public health institutions.
[11] 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 was changed 23 times since 1811, the new Constitution is adopted, on average, every ten years.