Los conflictos de poderes en el estado constitucional: el caso de estudio Venezuela

Abstract

The objective of the present article is to carry out a discussion from the theoretical approaches on the competences, separation of powers and a priori consequences that the de facto disappearance of the autonomy of the legislative and Judicial powers and the consequences thereof for the rule of law. We review experiences from Europe (Italy and Spain) and then introduce the Venezuelan case, we conclude that from the conflict of powers, and therefore from the weakening of the rule of law typical pluralist democracies as in theory is Venezuelan, actions Of the Supreme Court of Justice has not only unconstitutionally invaded AN competencies, blocking inherent functions based on an “overcoming” right in terms of ideological rather than lawful biases, which has led to the establishment of a Procedural democracy and violating the citizens’ right to choose, turning the electoral will expressed into useless.