Constitutional law professor: Chávez cannot fully perform his functions

[naaman fletcher]

If a natural disaster occurs in Venezuela, the government cannot declare a state of exception because Venezuela's President Hugo Chávez is in Havana and such move must be made in a Cabinet of Ministers.

Under Article 236 of the Venezuelan Constitution, 11 out of the 24 powers and duties of the president must be exercised in the Cabinet of Ministers, and the absence of the president prevents him from doing so, "unless all the ministers are there (in Cuba)," said Gustavo Tarre, a professor of Constitutional Law at the Central University of Venezuela (UCV) and four times deputy for opposition Social Christian Party of Venezuela (Copei).

Tarre said that "there is a temporary absence of the president." He added that such absence is the result of a health condition, and in this case, the vice president should exercise the executive power.

"I cannot understand why Vice President (Elías) Jaua has not taken over (presidential functions). This is an absurd and stubborn position, as the president has not the power to exercise his functions from Havana," he said.

http://english.eluniversal.com/2011/06/17/constitutional-law-professor-chavez-cannot-fully-perform-his-functions.shtml