Law, Domination, and Hegemony: The Jurisprudence of the Supreme Tribunal of Justice of Venezuela
No. 2 (2019-01-01)Author(s)
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Nicolás Figueroa García-HerrerosFacultad de Jurisprudencia, Universidad del Rosario (Bogotá) nicolas.figueroag@urosario.edu.co
Abstract
This article reconstructs the anti-hegemonic theory of law that has influenced the decisions of the Constitutional Chamber of Venezuela’s Supreme Tribunal of Justice. This theory conceives law as an instrument at the service of the struggle for hegemony in which this country’s regime is involved. Contrary to the liberal-democratic constitutionalist tradition, this tribunal sees itself as the facilitator of a socialist project whose success should not be obstructed by the limitations that constitutional law usually imposes on the exercise of political power. From this perspective, constitutional law’s main goal is to strengthen the position of dominance of the revolutionary regime and contribute to the establishment of a new hegemony. This article makes explicit the practical implications of this legal theory through the analysis of three critical moments in the history of Venezuelan politics since the adoption of the Constitution of 1999.
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Copyright (c) 2019 Nicolás Figueroa García-Herreros
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