Although Delcy Rodriguez’s 90 day limit as Venezuela is acting president under article 233 of the Venezuelan constitution expired, she is still in this position. After President Nicolas Maduro was detained by United States forces in January and charged with drug trafficking in New York City, he was declared absent from his duties, Venezuela supreme tribunal declared it impossible for him to act as president, thus enabling Rodriguez, then vice president, to assume the temporary role. The national assembly could choose to take some sort of action, either extending her term or declaring a vacancy in the presidency, which would necessitate holding new elections. However, at presentThere are no indications they plan to do so. According to analysts, the ruling party has consistently used informal or creative legal interpretations to justify their actions and remain in control.
The continued presence of Rodriguez in office serves as an example of Venezuela’s continued ambiguity regarding its constitution and the means by which the ruling party maintains its hold on power. The decision by the US to work through her instead of working through the opposition represents a significant geopolitical development. This signals the preference of the US for stability over conflict. The uncertainty regarding succession only adds to the existing volatility in Venezuela’s political system and leads to the questions concerning what type of election process or if other forms of consolidation of power will occur.
Rodriguez’s government is likely to find ways to legally justify continuing her terms as president. The national assembly is unlikely to make any decisions at this time that would lead to elections being held. As long as Rodriguez continues to cooperate with the US, she is expected to receive support from them.
This situation exemplifies three of the course themes of legitimacy, use of a country’s constitution for personal gain/interest and/or for the interest of a ruling elite and the extent of the influence that foreign entities have upon a nation’s internal affairs.