Essential differences between the Venezuelan legal system and

Essential differences between the Venezuelan legal system and the American legal system Jose Luis Materan Sanchez CORPORATE AND COMMERCIAL LAW LLM STUDENT

Essential differences between the Venezuelan legal system and the American legal system Characteristic features of the functioning of the bodies and entities that exercise the Public Power in Venezuela Activity carried out by judges in the exercise of the power to decide cases and issue judgments Impact of both activities on society

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system Prior to the 1999 Constitution, the separation and distribution of power in Venezuela traditionally had a close similarity to the American legal system During the period 1864 to 1953, the United States of Venezuela was the official name of Venezuela adopted by the Constitution of 1864

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system Legislative, Executive and Judicial were the three classic branches of division of public power in Venezuela until 1999 In 1999 two additional powers were created in the current Constitution: Citizen Power and Electoral Power

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system Laws enacted by the National Assembly in the exercise of its Legislative Power, or in the delegation of this power to the National Executive, It has a comprehensive nature, that is, these laws try to regulate in a broad way the activity that citizens develop in society

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system The Executive Branch has had as its essential objective to change Venezuela’s economic, political, and social model, progressively dismantling the Decentralized Federal State, and establishing a Centralist-Socialist system

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system Unlike the American Legal System, in Venezuela the law is not considered an Ad Hoc intrusion into the legal system, quite the opposite, so judges are fully empowered to interpret the law (Statues) broadly and extensively. In Venezuela, the law has the power to revoke any interpretation a judge has made

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system By provision of the Venezuelan Constitution, all judges must be elected by credential contest, in order to ensure suitability and impartiality in their decisions. However, today most judges have been appointed by other public officials, without the proper application of the procedure for their selection, which means that judges do not have the necessary protection in the exercise of their duties, which allow them to exercise their powers objectively and impartially

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system A major part of the magistrates that make up the Supreme Court of Justice have or have had, political affiliation to the regime that has governed Venezuela for the last 20 years

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system Unlike the American Legal System, in Venezuela, the National Constitution grants the binding character (biding effects) to decisions issued by the Constitutional Chamber of the Supreme Court of Justice, only in terms of interpretation of constitutional principles and norms.

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system This constitutional provision has served as an instrument to the Constitutional Chamber to redefine the constitutional powers and powers of States, limiting and transferring the powers of the States to increase power in the National Executive, dismantling the Decentralized Federal State.

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system From the constitutional point of view, the system of distribution of power in Venezuela is, to some degree, like the United States. From the point of view of the vertical distribution of power, there is a National Public Power, a State Public Power, and a Municipal Public Power.

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system By studying the American legal system and making certain comparisons with the Venezuelan legal system, I was able to discover that the principle “Stare decisis et non quieta movere: stand by the precedents and do not disturb settled points”, promotes legal certainty and the rule of law since the parties to a given trial can foresee, with some level of certainty, the outcome of the dispute.

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system American judges in the exercise of their duties develop the legal system as society evolves, so the legal system has the possibility to respond to the constant challenges facing society, and in turn ensures compliance with the preceding jurisprudence. In addition, judges perform much more effective work in judicial review of acts issued by the Executive Branch and the Legislative Branch.

Customize footer: View menu/Header and Footer 8/5/23 Essential differences between the Venezuelan legal system and the American legal system The discovery phase has a greatest impact on the American civil process, because it allows the parties to define the terms of the controversy, in order to promote the prompt resolution of the conflict, avoiding the increase in the costs of the judicial process in time and money.

Customize footer: View menu/Header and Footer 8/5/23 Conclusions: The Executive Branch has had as its essential objective to change Venezuela’s economic, political, and social model, dismantling the Decentralized Federal State Venezuelan Constitution grants biding effects to decisions issued by only the Constitutional Chamber of the Supreme Court of Justice, only in terms of interpretation of constitutional principles and norms. The other decisions issued by the courts and tribunals of the republic have no binding effect, in any case, a persuasive effect. Due to the high impact of the procedural delay on the administration of justice, lawyers seek to settle their disputes using alternative means for dispute resolution, such as commercial arbitration.

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