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In re Judicial Reorganization Decree

ACP-23081999 (1999)

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In re Judicial Reorganization Decree

Venezuela Supreme Court
ACP-23081999 (1999)

WW

Facts

[Ed.’s note: The casebook excerpt provides important factual background for the Venezuela Supreme Court’s decree, which background did not form part of the court’s decree itself. In 1998 Hugo Chavez won the presidential election in Venezuela. Chavez quickly undertook efforts to overhaul the 1962 constitution together with a newly elected assembly. In 1999 the assembly issued a decree granting itself the power to abolish government institutions and dismiss officials. Under this decree, the assembly, through a separate decree, declared a judicial emergency and appointed a body called the Judicial Emergency Commission to investigate members of the judiciary, including the Venezuela Supreme Court justices. The investigative body was charged with deciding whether the individuals should stay in office or if they should be dismissed for corruption. The Venezuela Supreme Court issued a decree in reaction to the judicial emergency decree.]

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Rueda, J.)

Dissent (Sosa Gomez, J.)

Dissent (Grisanti Luciani, J.)

Dissent (Harting, J.)

Dissent (Rodriguez, J.)

Dissent (Paradisi Leon, J.)

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