28/12: TSJ Preoverturns All Incoming National Assembly Acts as Unconstitutional

Landmark ruling of the Constitution's Article 3 threatens to destabilize the country still further ahead of a delicate parliamentary handover on January 5th.


[N.b., For those of you coming late to this story, please realize this was published on Dec. 28th, Holy Innocents’ Day, Latin America’s equivalent of April Fools.]

Following a hastily assembled emergency session of the Constitutional Chamber in the early hours of Monday morning, the Supreme Tribunal has responded to a recurso de interpretación (request for interpretation) filed late last night by outgoing National Assembly chair Diosdado Cabello with a sweeping ruling that predeclares unconstitutional any act approved by the incoming, MUD-controlled National Assembly

Formally an interpretation of the Constitution’s Article 3the landmark ruling turns on the constitution’s guarantee that the state’s ultimate end is “the construction of a just and peace-loving society” (“la construcción de una sociedad justa y amante de la paz”).

Writing on behalf of a unanimous Constitution Chamber, Chief Justice Gladys Gutiérrez ruled that the court “finds it incongruous that a hate-filled oligarchic cabal at the service of Washington could fulfill the mandate to build such a society.”

In the court’s view, Gutiérrez continued, “it would create an intolerable strain on this tribunal’s resources to expect it to rule separately on each act the oligarchic assembly perpetrates against the glorious people of Bolívar.”

Noting that achieving administrative efficiency is also a mandate the constitution imposes on the justice system, Gutiérrez concludes that it is simply more cost efficient to preoverturn any decision the new majority may choose to take between 2015 and 2020, “in the spirit of preserving jurisprudential predictability and with the supreme end of guaranteeing budgetary efficiency.”

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  1. Only problem is “the glorious people of Bolívar” voted the Chavistas out. Moreover, blocking the power of the new super majority does nothing to fix the economy, the health care crisis, etc. And if this is what they call “building a just … society,” they are beyond reasoning with. Nothing but a bold-faced power grab. Somebody’s going down for this one.

  2. I highly recommend that, before commenting on my this, you read the article that is linked above. It would fuel your rage and without a doubt will redirect your ire to the true guilty party of this atrocity.

  3. I was fooled…and was perplexed why I did not see this in the news via a quick google search… 🙂

    That said, you may have come up with their best potential strategy…

  4. Francisco’s going down! I should have known because the phrasing and use of words like cabal don’t usually turn up in Maduro’s campo.

  5. Happy 2016 to you all. TSJ President Gutiérrez does not have “pelos en la lengua”. Anyone with an iota of common sense could have told you that the TSJ will not permit acts and laws to be promulgated against the social and peaceful spirit of the country as outlined in Article 3 or against thr rights of the people.

    This decisión ensures gpvernability and fairness to all. Repealing laws to suit Fedecameras just ain’t gonne happen. And the Amnesty Law – forget it.

    In fact the new AN has been emasculated as ut came to power based on a xampaign of a three year war which overstepped the boundaries of all ethics and human rights.

      • I like that one. Something like @The new TSJ rules all large media (radio, TV newspapers) acquisition in the last five years void and null and reverts ownership to previous owners. It also declares an emergency law to make available newsprint to all who needs it at no cost.”

  6. You had me. I was buying into it. My blood pressure was rising. Then I thought, “Wait! What is the source on this?”

    The really scary part is this was nearly plausible. We have gotten to where we expect the worst, and are rarely disappointed.

  7. Two points.
    1. That some would believe this shows how Chavismo’s actual deeds and statements border on the surreal. Macondo becomes reality in Chavista Venezuela. That Macondo is the name for Gabo’s fictional town and also for the drilling block that featured the BP/Deepwater Horizon blowout in 2010 is purely coincidental.

    2. While the oppo has a sense of humor, as shown by this posting, Chavismo is devoid of humor- and of self-awareness. The closest Chavismo comes to humor is to shout “escuàlido” or “Yanqui de mierda.”

    Well done, Quico.

    I wonder if Arturo, our Chavista resident troll who made the statement @ 9:34 am was the same Arturo who made the comment @ 11:16 am. I doubt it.

  8. Being a gringo, I completely missed the wink.

    But in a serious vein, I second the recommendation to sweep out the TSJ and other courts as quickly as possible. The intellectual corruption of the U.S. judiciary has resulted in astounding shenanigans when judges want to dictate a policy outcome. Thus an anodyne state constitutional provision to establish “a thorough and efficient system of common schools” has been interpreted to prohibit the state’s long-established practice of local taxation for local schools. Another state constitution’s requirement of a 2/3 majority vote by the legislature to increase a tax was overruled on the grounds that it contradicted a passage requiring “adequate funding of public education”.

    The TSJ as presently constituted is a partisan arm of chavismo, with not even a pretense of impartiality or intellectual honesty. It will issue any ruling requested by the chavernment, however absurd. The only check on it is the threat of revolutionary violence; i.e. they don’t want to provoke mass action against the regime.

    The “construction of a just and peace-loving society” clause is sufficient for all kinds of mischief – any act of the AN could be overturned as “unjust” or a threat to social peace.


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