Publisher's Synopsis
This book of Professor Allan R. Brewer-Carías, on The Collapse of the Rule of Law and the Struggle for Democracy in Venezuela, is the continuation for the period 2015-2020, of his work studying the erosion of the Venezuelan democratic system and the development of an authoritarian government that began after the election in 1998 of the late Hugo Chávez Frias as President of the Republic.
The book, consequently, follow chronologically what the author explained in his previous two on this same matter: the first one titled: Dismantling Democracy. The Chávez Authoritarian Experiment, published in 2010 by Cambridge University Press; and the second, titled: Authoritarian Government v. The Rule of Law. Lectures and Essays (1999-2014) on the Venezuelan Authoritarian Regime Established in Contempt of the Constitution, published in 2014, by Fundación de Derecho Público, Editorial Jurídica Venezolana.
Unfortunately, since 2015 the situation in the country has worsened, the world having witnessed, on the one hand, the definitive collapse of the rule of law on the hands of the government lead by Nicolás Maduro who was elected President after the death of Chavez in 2013; and on the other, the struggle to restore democracy lead by the National Assembly elected in December 2015, the only legitimate elected institution in the country.
Since 2016, the National Assembly has been acting in the midst of a serious unconstitutional situation, which has resulted, first, from the actions of a Supreme Tribunal of Justice in collusion with the Executive branch of Government, systematically curtailing powers and functions of the Assembly; second, from the fraudulent convening and election of a Constituent Assembly in 2017, in violation of the provisions of the Constitution, which has usurped the legislative functions; and third, from the unconstitutional call by the said Constituent Assembly, of an anticipated and unconstitutional presidential election in order to reelect Nicolas Maduro as President of Venezuela in 2018; a reelection that was considered as a "farce" by the National Assembly declaring it as "nonexistent."
The result was, in January 2019, facing the lack of a legitimately elected President that could take his oath for the presidential term 2019-2025, the assumption by the National Assembly of a constitutional transition process to restore democracy and reestablish the enforcement of the Constitution.
This book is a recollection of the Lectures, Papers and Presentations written by the author analyzing all the most important decisions issued by the authoritarian government and its Supreme Tribunal against the rule of the Constitution, as well as of the National Assembly in order to restore democracy and the rule of law.
