"An issue cannot be consulted twice during the same term in office"

[Bacchus39]

http://english.eluniversal.com/2008/12/01/en_pol_esp_chavezs-plans-to-se_01A2152805.shtml

Chávez's plans to seek reelection are "a fraud and a mockery of the people's will"
An issue cannot be consulted twice during the same term in office

Gerardo Fernández, an expert in constitutional law, has termed "fraud" and "mockery" of the people's will the attempt of President Hugo Chávez at amending the Constitution to secure indefinite reelection just one year after the people denied the issue in a national referendum.

The expert insisted on saying that no amendment or reform may be made on a matter that has been already consulted. In addition, he explained that the initiative should be retaken only in a different constitutional term.

"The Constitution clearly states that when a reform is denied in a constitutional term, not a similar initiative may be taken until the following period. No rejected item may be submitted again to the people's will because it was expressed already." The attorney deems it "ludicrous" to ask again what was queried one year ago.

"Proposing the reelection again is laughing at the people's will. The people said already what they had to say. The president's proposal is unviable in political, constitutional and moral terms." The lawyer maintained that the president, or the National Assembly, or any people's initiative may not make again a request for the constitutional reform covering, totally or partially, the matters that were dismissed on December 2nd, 2007.

"Apparently, the issue of reelection was rebutted and may not be proposed again," stressed Fernández. In his opinion, the reelection, given its relevance, impact and significance in the political system and governance, is not subject to amendment. However, any amendment should be first approved by the people and the political feasibility of imposing it is not clear. He advised that the opponents to the attempt at bolstering the amendment should go to the Supreme Tribunal of Justice (TSJ) or the National Electoral Council (CNE) to make the relevant application.