Professional Documents
Culture Documents
ISBN: 978-99964-0-133-6
Printed at Serfosa, Managua, Nicaragua
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CONTENTS
PAGE
Foreword
3
POLITICAL CONSTITUTION OF NICARAGUA 4
TITLE I
Fundamental Principles
6
TITLE II
The State
7
TITLE III
Nicaraguan Nationality 9
TITLE IV
Rights, Duties, and Guarantees (Civil Liberties)
of the Nicaraguan People 10
Individual Rights
10
Political Rights
16
Social Rights
17
Family Rights
19
Labor Rights
21
Rights of the Communities on the East Coast 23
TITLE V
National Defense
23
TITLE VI
Nicaraguan Economy, Agrarian Reform,
and Public Finances
25
Nicaraguan Economy
25
Agrarian Reform
27
Public Finances
28
TITLE VII
Education and Culture
30
TITLE VIII
Organization of the State 32
General Principles
32
Legislative Branch
34
Executive Branch
42
Comptroller Generals Office of the Republic
49
The Judiciary (Judicial Branch)
50
Electoral Branch
53
TITLE IX
Political-Administrative Division 56
Municipalities
56
Communities on the East Coast
59
TITLE X
Supremacy of Constitution, Its Amendment
60
Political Constitution
60
Constitutional Control
60
Constitutional Amendment
61
TITLE XI
Final and Transitional Provisions 62
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Foreword
THE POLITICAL CONSTITUTION IS THE LEGAL REFERENCE
OF A COUNTRY IN WHICH INVESTORS PLAN TO DO
BUSINESS. ALSO, THIS REFERENCE BOOK IS USED BY
ATTORNEYS,
INVESTORS,
LEGAL
ADVISORS,
AND
UNIVERSITY STUDENTS. Thus, I decided to translate and make
the updated Nicaraguan Political Constitution available to
individuals, NGOs, and companies.
You may pay some attorneys fees for a few legal questions which
may be found in this Political Constitution and its Amendments.
It is of upmost importance to read this document to know the legal
framework of this country. I feel confident that you may use this
Political Constitution to make important decisions, if you are
planning to or you are doing business in Nicaragua.
As a professional experienced translator, I provide an accurate
rendition in English of the Nicaraguan Political Constitution and its
Amendments.
The Translator
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TITLE 1
Fundamental Principles
Only Chapter
Art. 1 Independence, sovereignty, and self-determination are inalienable
rights of the Nicaraguan people, and they are foundations of the
Nicaraguan nation. Any foreign interference in the internal affairs of
Nicaragua, or any attempt to undermine these rights is an attack on the
life of the people. Nicaraguans must keep and advocate such rights.
Art. 2 The nations sovereignty belongs to the people, and it is exercised
through democratic instruments by freely deciding upon and participating
in the construction and perfection of the nations economic, political and
social system. The people have political power through their
representatives, who are freely elected by universal suffrage; equal, free
and direct elections and secret ballot, and no other persons or meeting of
persons may claim such entitlement or representation. This political
power may also be exercised by means of a referendum, plebiscite or
other procedures as set forth in this Political Constitution and Laws.
Art. 3 The struggle for peace and the establishment of a just world order
are unrenounceable national commitments made by the Nicaraguan
nation. We, therefore, oppose all forms of colonialist and imperialist
domination and exploitation. The Nicaraguan people are in solidarity with
all those who struggle against oppression and discrimination.
Art. 4 The State or Government will promote and guarantee social and
political advancement to for the safe of common good, assuming the task
of promoting human development and protecting every Nicaraguan
against any form of exploitation, discrimination, and exclusion.
Art. 5 The principles of the Nicaraguan nation are: freedom, justice,
respect for human dignity, political, social, and ethnic pluralism,
recognition of different forms of ownership, free international cooperation,
and respect for free self-determination of the peoples.
Political pluralism ensures the existence and participation of all political
organizations in the countrys economic, political, and social affairs,
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regardless of the ideology, except for organizations intending to reestablish any type of dictatorship or any other antidemocratic system.
The State recognizes the existence of indigenous people. They enjoy
their rights, duties, and guarantees (civil liberties) set out in the
Constitution, particularly those intended to maintain communal forms of
land ownershipenjoyment, use of such lands, that is, everything as
provided by law. This Constitution establishes autonomy in the
communities on the East Coast of Nicaragua, known as the Atlantic
Coast.
Different forms of ownership: public, private, partnership, cooperative,
and communal ownership must be protected and encouraged impartially
in order to create wealth. These forms of ownership in place must fulfill a
social function or role.
Nicaragua's international relations are based on friendship and solidarity
between peoples and reciprocity between States. Therefore, Nicaragua
refrains from and proscribes every political, military, economic, and
religious act of aggression, including interference in the internal affairs of
other States. It recognizes the principle of peaceful settlement in
international controversies, using the means provided by international
law. It bans the use of nuclear weapons and other means of mass
destruction to resolve domestic or international conflicts. Nicaragua
guarantees asylum for persons facing persecution the grounds of political
reasons, rejecting any type of subordination of one State to another.
Nicaragua adheres to principles contained in American International Law,
which is fully recognized and ratified.
Nicaragua agrees with regional integration, advocating reconstruction of
the Great Central American Fatherland.
TITLE II
The State
Only Chapter
Art. 6 Nicaragua is an independent, free, sovereign, unitary and
indivisible State.
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TITLE III
Nicaraguan Nationality
Only Chapter
Art. 15 Nicaraguans are either nationals or nationalized people.
Art. 16 Nationals are:
1) Those born in Nicaraguan territory, except children of foreigners in
diplomatic service, children of foreign officials serving in international
organizations, or those sent by their government to work in Nicaragua,
unless they choose to apply for a Nicaraguan nationality.
2) Children of a Nicaraguan father or mother.
3) Children born abroad to fathers and mothers who originally were
Nicaraguan, as long as they apply for citizenship after reaching legal age
or independence.
4) Infants of unknown parents found in Nicaragua. Should their identity or
kinship become known, this would be corrected in accordance with the
law.
5) Children born to foreign parents on board a Nicaraguan aircraft or
vessel, as long as they apply for Nicaraguan nationality.
Art. 17 Native born Central Americans who reside in Nicaragua have the
right to apply for Nicaraguan nationality from the competent authorities
without waiving their other nationality.
Art. 18 The National Legislative Assembly may grant nationality to
foreigners deserving this merit by virtue of extraordinary service rendered
to Nicaragua.
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TITLE IV
Rights, Duties, and Guarantees (Civil Liberties)
of the Nicaraguan People
Chapter I
Individual Rights
Art. 23 The right to life is inviolable and inherent to all persons. There is
no death penalty in Nicaragua.
Art. 24 All persons have duties to their families, the community, the
homeland, and humanity. The rights of each individual are limited by the
rights of others, the collective security and the just requirements for the
sake of common good.
Art. 25 All persons have the right to:
1) Personal freedom;
2) Security;
3) Acknowledgment of ones legal status.
Art. 26 Everybody has the right to:
1) Privacy and the privacy of their family;
2) Inviolability of their homes, correspondence, and communications;
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Art. 29 All persons have the right to freedom of conscience and thought
and to profess or not to profess a religion. No one shall be a victim of
coercive measures which diminish these rights; no one shall be forced to
declare his/her creed, ideology, or beliefs.
Art. 30 Nicaraguans have the right to freely express their beliefs in public
or private, individually or collectively, in oral, written, or any other form.
Art. 31 Nicaraguans have the right to travel and reside anywhere in the
nation, freely entering and leaving the country.
Art. 32 No one is under obligation to do what is not required by law;
likewise, nobody is kept from doing what is not prohibited by law.
Art. 33 No one may be arbitrarily detained, imprisoned or be deprived of
liberty, except in cases as provided by law and in accordance with legal
procedures.
Therefore:
1) An individual may be detained only by a warrant issued by a
competent judge or an official expressly authorized by law, except when
apprehended in the act of committing a crime.
2) All detained persons have the right to be:
2.1 Informed in detail, without delay, about the reasons for their detention
and the charges against them in a language they understand; to have
their family, or whoever is deemed appropriate, informed about such
detention; and to be treated with respect in accordance with the dignity
inherent to all human beings.
2.2 An individual is to be set free or brought before a competent legal
authority within 48 hours after detention.
3) After serving a prison sentence, no one must be detained after a
release order has been granted by the competent authority.
4) An authority is liable for ordering and illegally detaining someone.
5) The appropriate authorities shall try to maintain those awaiting trial
apart from those who have been sentencedin different prisons.
Art. 34 All those awaiting trial have the rights to the following minimum
guarantees:
1) To be presumed innocent until proven guilty according to law.
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exile is expelled from Nicaragua, such person may not be sent back to
the country in which he/she was persecuted.
Art. 43 Extradition from Nicaragua will not be permitted for political crimes
or their related common crimes, at Nicaragua's own discretion.
Extradition for other common crimes takes place as stated by law and
International Treaties. Nicaraguans may not be extradited from
Nicaragua.
Art. 44 Everybody has the right to private or personal propertychattel
and real estate, tools and means of production.
Pursuant to the social function of propertybecause of public use or
social interest, exercising this right is subject to constraints and duties as
provided by legislation. Said real estate in the first paragraph may be
expropriated, or there may be compulsory purchase in accordance with
the law, prior to cash payment corresponding to a just compensation.
Concerning expropriation of idle landed estates for the purposes of
agrarian reform, the law shall determine the form, quantity, installments,
and interests recognized for such compensation or indemnity.
Confiscation of goods is prohibited. Officials breaching this provision shall
always be accountable, and they shall pay by using their goods whenever
there is damage involved.
Art. 45 Persons whose constitutional rights have been violated or are
likely to be violated have the right to submit writ or remedy of Habeas
Corpus or Amparo, according to the circumstances and the Law of
Amparo (a legal procedure for the review of administrative acts).
Art. 46 All persons in Nicaragua shall enjoy protection and recognition
by the stateof the rights inherent to all human beings, as well as
unrestricted respect, promotion and protection of human rights, and full
observance of the rights set forth in the Universal Declaration of Rights
and Duties, in the American Declaration of Rights and Duties of Man; the
International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights of the United Nations;
and the American Convention on Human Rights of the Organization of
American States.
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Chapter II
Political Rights
Art. 47 All Nicaraguans who are 16 years of age are full citizens.
All citizens enjoy the political rights set forth in the Constitution and in
other laws, without limitations other than those established on the
grounds of age.
A citizens rights are suspended when serious corporal or specific related
punishments are applied. This also applies where an executory sentence
or judgment of a civil injunction is made.
Art. 48 Under unconditional equality, all Nicaraguans enjoy the same
political rights. In the exercise of these rightsfulfilling these
responsibilities and duties, there exists absolute equality between men
and women.
It is the obligation of the State to remove obstacles that hinder effective
participation of Nicaraguans in the countrys political, economic, and
social life.
Art. 49 In Nicaragua, workers in the cities and countryside, women,
youth, agricultural workers or farmers, artisans, professionals,
technicians, intellectuals, artists, religious people, the communities of the
Atlantic Coast and the population in general have the right to form
organizations, in order to reach their aspirations according to their own
interests, without discrimination, getting involved in building a new
society.
Such organizations may be formed by the voluntary participation and free
will of their members. They shall play a social role, and they may be a
partisan, according to their nature and purposes.
Art. 50 Citizens have the right to participate under equal conditions in
public affairs and in management of the State. Effective peoples
participation at local and national levels shall be established by law.
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Art. 51 Citizens have the right to elect and be elected in regular elections,
running for public office, except for limitations contained in this Political
Constitution.
It is a duty of a citizen to carry out the duties as a member of a jury, and
other related city council jobs, except if he/she has an excuse admitted
by the law.
Art. 52 Citizens have the right, individually or in association with others, to
petition, report irregularities, and make constructive criticisms to the
branches of State Government or any authority; citizens have the right for
an expeditious decision or answer, which has to be made known within
the time periods established by law.
Art. 53 The right to peaceful assembly is recognized: exercising this right
does not require prior permission.
Art. 54 The right to public meeting or assembly, demonstration, and
mobilization of people is recognized under the law.
Art. 55 Nicaraguan citizens have the right to organize or join political
parties in order to participate in, exercise, and compete in order to gain
power.
Chapter III
Social Rights
Art. 56 The State shall, through its programs, give special care to the
handicapped and relatives of those fallen in battle and war victims in
general.
Art. 57 Nicaraguans have the right to work, which is consistent with
human nature.
Art. 58 Nicaraguans have the right to education and culture.
Art. 59 Every Nicaraguan has an equal right to health care. The State
shall establish basic conditions for promotion, protection, recuperation,
and rehabilitation of the peoples health.
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Art. 77 The family, the society, and the State shall provide the elderly with
protection measures.
Art. 78 The State shall protect responsible paternity and maternity. The
right to determinethrough testingboth paternity and maternity is in
force.
Art. 79 The right of adoption is based on the best interests for
comprehensive development of a child, as provided by law.
Chapter V
Labor Rights
Art. 80 Work or employment is a right and a social responsibility. The
work of Nicaraguans is the fundamental means to satisfy the needs of
society and every individual. The work done is the source of wealth and
prosperity of the nation. The State shall strive for full and productive
employment, observing the fundamental rights of an individual.
Art. 81. Workers have the right to participate in the management of their
enterprise or company. This is done through their organizations and in
accordance with the law.
Art. 82 Workers have the right to working conditions that ensure, in
particular:
1. Equal pay for equal work under the same conditions; this has to be
appropriate to their social responsibility, without discrimination regardless
of political, religious, racial, sex, or other reasons. This assures a
standard of living compatible with human dignity.
2. To be paid with legal tender at their workplace.
3. Minimum wage and social security payment shall not legally be seized,
except for family or child support payment as provided by law.
4. Working conditions ensures physical safety, health and hygiene,
minimizing workplace hazards to assure the worker's occupational health
and safety.
5. An eight-hour work day, rest at the end of every week, vacations,
compensation for national holidays and a thirteenth-month bonus, in
conformity with the law.
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Chapter VI
Rights of the Communities
on the East Coast of Nicaragua (the Atlantic Coast)
Art. 89 The Communities located on the Nicaraguan East Coast known
as Atlantic Coast are also Nicaraguan people, and they enjoy the same
rights and obligations or duties as Nicaraguan citizens.
The Communities of the Atlantic Coast have the right to keep and
develop their cultural identity within the framework of national unity. They
may have their own forms of social organization, managing their local
affairs according to their traditions.
The State acknowledges forms of communal land ownership in the
Communities of the Atlantic Coast. Likewise, the State allows them
enjoying, using, and benefiting from the water and forests in these lands
which are communally held.
Art. 90 The Atlantic Coast Communities have the right to freedom of
speech, keeping their languages, arts and culture. The development of
their culture and values contributes to our national heritage. The State or
Government shall create special programs to exercise these rights.
Art. 91 The State must enact laws intended to promote and ensure that
no Nicaraguan shall be discriminated because of language, culture, or
place of origin.
TITLE V
National Defense
Art. 92 The Nicaraguan Army is the armed force or institution responsible
for defending the national sovereignty, independence, and territorial
integrity.
Only in exceptional cases, the President of the Republic shall, after
meeting with Ministers and supported by the National Police, orders the
Nicaraguan Army to take actions when the stability of the country is at
stake because of internal unrest, calamities, or natural disasters.
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TITLE VI
Nicaraguan Economy, Agrarian Reform,
and Public Finances
Chapter I
Nicaraguan Economy
Art. 98 The main role played by the State in the economy is to promote
the country's material development; overcome the inherited
underdevelopment and dependence of the economy; improve the
country's standard of living; and create a more just distribution of wealth.
Art. 99 The State is responsible for promoting integrated development of
the country, playing a role in managing the common good; the
Government must work giving priority to interests by meeting the nation's
particular, social, sectorial, and regional needs. It is the responsibility of
the State to protect, encourage, and promote forms of ownership and
financial management, entrepreneurial or business initiativesprivate,
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state-owned,
cooperative,
associative,
communaland
management in order to ensure economic and social democracy.
mixed
Art. 103 The State ensures democratic coexistence among public, private
ownerships, including cooperative, associative forms of communal
property ownership. These forms of ownership are seen as partsubject
to the nations overriding interestsof a mixed economy, playing a social
role.
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Art. 104 Enterprises or companies, which are organized under any of the
forms of ownership set out in this Constitution, are treated equality under
the law, applying equally the economic policies made by the State. There
is free economic initiative.
There is free and full exercise of business activities. To this end, there
are no limitations other than those imposed by domestic legislation due to
social reasons or national security.
Art. 105 The State must promote, facilitate (provide), and regulate basic
public services such as electric power supply, communications, water,
transport, road infrastructure, ports and airports for the people. These
also have the inalienable right to have access to such services. Private
investment and its forms, and exploitation concessions granted to
individuals in these areas shall be as provided in each case by law.
The State may not waive its duties in regard to services such as
education, health, and social security. The State must provide, improve,
and expand such services, without excluding anyone. The facilities and
infrastructure of such services belong to the State, and they may not be
assigned or sold under any manner.
Free health care is given to the most vulnerable segments of the
populationgiving priority to implementation of mother-child programs.
Health and educational services provided by the State must be expanded
and enhanced. People (enterprises) may have the right to provide private
health and education services.
The State must ensure quality control of goods and services provided,
avoiding speculation and hoarding of basic consumption goods.
Chapter II
Agrarian Reform
Art. 106 Agrarian Reform is an essential instrument for democratization of
property and a more just distribution of land. Likewise, it is an essential
means in promotion and a global strategy for ecological restoration and
economic sustainable development in the country. This Agrarian Reform
shall take into consideration the socially necessary land-man relation,
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making sure that peasants benefit from such reform, having their
property, as provided by law.
Art. 107 Agrarian Reform shall abolish idle landed estates, prioritizing
State-owned lands. Expropriation of idle landed estates affects individual
owners; this expropriation shall be done as stipulated in Article 44 in this
Constitution. Agrarian Reform shall abolish any type of exploitation of
peasants and indigenous communities in the country. It shall encourage
forms of ownership compatible with the country's economic and social
purposes set out in the Constitution. The land ownership regime of
indigenous communities shall be as stated in the applicable law.
Art. 108 Land ownership is guaranteed to all those who productively and
efficiently work their lands. The law shall establish specific regulations
and atypical cases, which are consistent with the goals and purposes in
the agrarian reform.
Art. 109 The State shall promote voluntary association of peasants by
joining agricultural cooperatives, without sexual discrimination. The State
shall, according to its resources, provide the material means needed to
enhance or upgrade their technical and productive capacity, in order to
improve the standard of living of the peasants.
Art. 110 The State shall encourage small and medium-sized scale
agricultural farmers toboth individually and in associationsvoluntarily
participate in the countrys economic and social development plans.
Art. 111 The peasants and other production sectors have the right to
participate, through their own organizations, in defining policies for
agrarian transformation.
Chapter III
Public Finances
Art. 112 The annual General Budget of the Republic Law shall regulate
ordinary and extraordinary public income and expenditure. This law shall
determine the spending limits of State-run institutions. Likewise, it must
show the different sources and allocations, specifying every income and
expense, which shall be consistent.
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The National Legislative Assembly may modify the budget draft or bill
sent by the President of the Republic. Extraordinary spending may only
be authorized by law. This will be done by simultaneously incurring in
such expense and allocating resources for funding. The Budget Regime
Law shall apply in this respect.
Any modification to the nations General Budget that means increasing or
decreasing credits, decreasing income or transfers among different
agencies, shall require approval from the National Legislative Assembly.
The Annual Budget Law may not create taxes.
Art. 113 The President of the Republic shall draft the bill for the Annual
Budget Law. He/she must submit such Budget to be discussed and
passed by the National Legislative Assembly according to the applicable
law.
To inform the National Legislative Assembly, the bill for the Annual
Budget Law must contain the budgets of autonomous entities and
governmental institutions and State-owned enterprises.
Art. 114 The National Legislative Assembly is exclusively entitled
unable to delegate powerto create, pass, modify, or eliminate taxes.
The taxation system must take into consideration wealth and income
distribution.
Confiscatory taxation is prohibited.
All types of taxes on medicine, vaccines, and blood serum, orthesis,
prosthesis, including necessary inputs and raw materials to manufacture
such products, shall be exempted. This shall be done in conformity with
the classification and procedures that shall be set out.
Art. 115 Taxes must be created by laws stating their category or
application, type of tax, and the rights of taxpayers. The State shall not
require payment of taxes that have not been previously established by
law.
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TITLE VII
Education and Culture
Only Chapter
Art. 116 Education seeks the full and comprehensive development of
Nicaraguans. This means instilling a critical, scientific, and humanist way
of thinking; developing their personality and sense of dignity; and training
them to carry out required tasks of general common interest for the
country to make progress. Therefore, education is essential for
transformation and development of individuals and society.
Art. 117 Education is a unique, democratic, creative and participatory
process. In particular, combining theory and practice, manual and
intellectual work promote scientific research. This is based on our
national values, on the knowledge of our history and reality, on national
and universal heritage; and on the ongoing scientific and technological
advances. Through education, we foster the values of new Nicaraguans,
as stated in the principles in this Constitution. Studying this Constitution
must be promoted.
Art. 118 The State promotes involvement of the family, community, and
individuals in education, ensuring support of the media for educational
purposes.
Art. 119 The State may not waive its responsibility for education,
including its planning, management, and organization. The Nicaraguan
educational system works in an integrated fashion and in accordance
with national plans. The organization and functions of education are
determined by law.
It is the duty of the State to educate and train technical and professional
personnel at every level and in every discipline, which is required for the
countrys development and transformation.
Art. 120 Nicaraguan teachers play an essential role in implementing
creatively educational plans and policies. Teachers have the right to living
and working conditions consistent with their dignity and the important
social role they play. Teachers shall be promoted and given incentives
according to the law.
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Art. 121 All Nicaraguans have free and equal access to education.
Primary education is free of charge and mandatory at State-run or public
schools. Public secondary schools are free of charge, but parents may
make voluntary contributions. No one may be excludedunder any
pretextfrom entering a public school due to economic reasons.
Indigenous people and ethnic communities on the East or Atlantic Coast
have the right in their region to cross-cultural education in their mother
language, according to the law.
Art. 122 Adults shall be given educational opportunities, developing skills
through training and education programs. The State shall continue its
programs to eradicate illiteracy.
Art. 123 Private schools may function at every levelkindergarten,
primary, and secondary school, university, fulfilling the terms set out in
this Political Constitution.
Art. 124 Education in Nicaragua is secular. The State recognizes the right
that private religious-oriented schools have to teach religion as an
extracurricular activity or subject.
Art. 125 Universities and higher education entities (colleges) enjoy
academic, financial, organic, and administrative autonomy, in accordance
with the law.
They shall be exempt from any kind of tax and fiscal obligationsboth
regional and municipal taxes. Their assets and revenues may not be
seized, expropriated, or mortgaged, except when there is a valid liability
deriving from civil, mercantile, or employment agreements.
Professors, students, and administrative staff shall participate in the
management of the universities.
According to law, universities and colleges that must be funded by the
State, shall be recipients of 6% annual allocation derived from the
General Budget of the Republic. Such percentage shall be distributed
according to the law. The State may allocate additional contributions to
cover extraordinary expenses of universities or technical colleges.
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TITLE VIII
Organization of the State
Chapter I
General Principles
Art. 129 The Legislative, Executive, Judicial, and Electoral Branches of
Government are independent of one another and coordinate
harmoniously, subject only to the overriding national interest and to the
provisions set forth in this Constitution.
Art. 130 Nicaragua is a country built on respect for the Social Rule of
Law. No office holder may exercise functions other than those conferred
upon the official by the Constitution and the laws.
All government officials or public servants must declare their financial
situation or assets before holding and upon leaving public office, as
provided by law.
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Every bill presented, once it is read before the plenary session of the
National Legislative Assembly, shall be sent to the committee.
In case of an urgent bill sent by the President of the Republic, the
executive board may immediately submit it to discussion in plenary
session, provided that the Representatives had received the bill forty
eight hours in advance.
Extensive bills for codes and laws may be considered and approved by
Chapters.
Having received the opinion rendered by the ruling commission or
committee, this opinion will be read before the plenary, and it shall be
submitted to debate in general. If approved, it will be submitted to debate
in particular matters.
Once a bill is passed by the Legislature, such bill shall be sent to the
President of the Republic for its authorization, enactment, and
publication, except for those bills that do not require such procedures.
The Executive Power does not authorize the amendments to the
Constitution and constitutional laws, or decrees approved by the National
Legislative Assembly.
If the President of the Republic neither enacts nor publishes the bill for
amendments to the Constitution or constitutional laws; and when he/she
does not authorize, enact, or publish the other laws within fifteen days,
the President of the National Legislative Assembly shall issue orders to
publish them through any written or printed media. Such laws shall go
into effect on the very same date they are published, without prejudice to
later publication in La Gaceta, official government daily, which must
mention the date of publication through the media.
Laws shall have regulations where expressly therein stated. The Board of
the National Legislative Assembly will ask the respective Commission to
write such regulations for respective approval in plenary session, if the
President of the Republic had not done so within the time period set.
Laws are only repealed or amended by means of other laws. They shall
be in force, starting as of the day of their publication in La Gaceta, official
government daily, except when the laws state otherwise.
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Assembly considers such case as force majeure, extending the permit for
a prudential period of time.
If the President of the Republic leaves the country without authorization
of the National Legislative Assembly, when such authorization is
required, or for an extension of a longer time period than the one that has
been authorized, this shall be construed as a resignation.
In case of temporary absence of the President of the Republic, the VicePresident may not leave without prior authorization issued by the National
Legislative Assembly. His/her departure without such authorization shall
be construed as a resignation.
If the Vice-President of the Republic were not in the country and the
President of the Republic also had to leave the national territorywhile
holding his/her officethe administrative functions or duties shall be
assumed by the appropriate ministry in order of succession under the
law.
If the President of the Republic has a pending criminal case, which
deserves more than a correctional penalty, may not leave the country.
Temporary absences of the President of the Republic are the following:
1) Temporary absences from the national territory for more than fifteen
days.
2) The temporal disability or inability shown in carrying out his/her duties,
declared by the National Legislative Assembly and approved by twothirds of the Representatives.
In addition to the absences contained in this Article, permanent absences
are the following:
a) Decease;
b) Resignation, when it is accepted by the National Legislative Assembly;
c) Total permanent disability declared by the National Legislative
Assembly and approved by two-thirds of the Representatives.
In case of the temporary absence of the President of the Republic, the
Vice-President shall assume the Presidential duties.
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TITLE XI
Final and Transitional Provisions
Only Chapter
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Art. 196 This Constitution shall govern as of the date of its publication in
La Gaceta, official government daily, and it shall repeal or annul the
Fundamental Statute of the Republic, the Statute of Rights and
Guarantees of Nicaraguans and all other legal provisions inconsistent
with this Constitution.
Art. 197 This Constitution shall be widely disseminated in the official
language of the Nicaragua. It shall also be disseminated or published in
the languages used in the Communities of the Atlantic Coast.
Art. 198 All aspects in the existing legal system that do not contradict this
Constitution shall remain in effect, as long as it is not modified.
Art. 199 The special courts shall continue operating upon entry into effect
of this Constitution, while they are not under the jurisdiction of the Judicial
Branch. Appointment of their members and their procedures shall be
determined as established by laws.
Furthermore, the ordinary or lower courts shall continue operating as
usual, as long as the principle of professional association with grassroots
representation is not put into practice. This principle shall be implemented
gradually in the national territory, in accordance with the circumstances.
Art. 200 The countrys current political-administrative division shall be
preserved until after a law concerning such matter is enacted.
Art. 201 Representatives to the National Legislative Assembly, elected
February 25, 1990, shall be sworn in by the Supreme Electoral Council
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on April 24 in the same year. So that they finish the term for which they
were elected on November 4, 1984, and complete their own term, in
accordance with Article 136 of the Constitution.
The President and Vice-President of the Republic elected on February
25, 1990, shall take office, being sworn in by the President of the National
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Legislative Assembly on April 25 in the same year. So that they finish
the term for which they were elected on November 4, 1984, and complete
their own term, in accordance with Article 148 in the Constitution.
The Members of the Supreme Court of Justice and the Supreme
Electoral Council and the other government authorities and officials of the
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different Branches shall continue doing their job until such time as their
substitutes take office according to the Constitution.
Art. 202 Four official copies of this Constitution shall be signed by the
President and Representatives to the National Legislative Assembly and
the President of the Republic. These copies shall be kept in the offices
of the Presidencyof the National Legislative Assembly, the Presidential
office of the Republic, the Presidency of the Supreme Court of Justice,
and the Presidency of the Supreme Electoral Council. Each copy shall be
the original or authentic text of the Political Constitution of Nicaragua. The
President of the Republic shall order it to be published in La Gaceta, the
official government publication.
Given in the meeting hall of the National Legislative Assembly, in the city
of Managua, November 19, 1986. This is in regard to the Articles that
have not been modified, and for having ordered the inclusion of the
amendments under VI of Article 20 in Law No. 192, that is, the Law
concerning partial amendment to the Political Constitution of the Republic
of Nicaragua, which was passed on February 1, 1995; and under VI of
Article 8 of Law No. 330, that is, the Law concerning partial amendment
to the Political Constitution of Nicaragua, which was passed on January
18, 2000 and in Article 7 of Law No.520. That is, Law concerning partial
amendment to the Political Constitution of Nicaragua, which was passed
on January 13, 2005, and published in La Gaceta, official government
daily, No. 35, dated February 18, 2005. The following amendments are
included in the Political Constitution.
1) Modification of Article 201, first paragraph approved in the
Constitutional Amendment Act or Law for the Elections of February 25,
1990, passed on January 30, 1990 and published in La Gaceta, official
government daily, No. 46, dated March 6, 1990;
2) Modification of Articles 1, 2, 4, 5, 26, 28, 33, 34, 42, 44, 51, 56, 68, 71,
92, 93, 94, 95, 96, 97, 99, 104, 105, 106, 107, 112, 113, 114, 121, 125,
130, 131, 132, 134, 136, 138, 140, 141, 142, 144, 145, 147, 148, 149,
150, 151, 152, 154, 155, 156, 159, 161, 162, 163, 164, 170, 171, 172,
173, 175, 176, 177, 178, 181, 185 and the change with regard to names
of the members of the National Legislative Assembly, contained in Law
No. 192, Law concerning Partial Amendment to the Political Constitution
of the Republic of Nicaragua. This Law was passed on February 1. 1995,
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and it was published La Gaceta, official government daily, No. 124, dated
July 4, 1995;
3) Modifications of Articles 10, 20, 130, 133, 134, 138, 147, 150, 152,
154, 156, 161, 162, 163, 164, 170, 171, 173 and 178 contained in Law
No. 330, Law concerning Partial Amendment to the Political Constitution
of the Republic Nicaragua, This Law was passed on January 18, 2000,
and it was published in La Gaceta, official government daily, No. 13,
dated January 19, 2000;
4) Modifications of Article 138, contained in Law No. 490, Law
concerning Partial Amendment to Article 138, Constitutional clause 12.
This was passed on June 15, 2004, and it was published in La Gaceta,
official government daily, No.132, dated July 7 2004;
5) Modifications of Articles 138, 143 and 150 contained in the Law No.
520, Law concerning Partial Amendment to the Political Constitution of
the Republic of Nicaragua. This was passed on January 13, 2005, and it
was published in La Gaceta, official government daily, No. 35, dated
February 18, 2005, with correction published in La Gaceta, official
government daily, No. 97, dated May 23, 2008;
6) Modifications of Article 140, contained in Law No. 521, Law concerning
Partial Amendment to Article 140 of the Political Constitution of the
Republic of Nicaragua. This was passed on January 13, 2005, and it was
published in La Gaceta, official government daily, No. 35, dated February
18, 2005;
7) Modifications of Articles 68 and 93 contained in Law No. 527, Law
concerning Partial Amendment to the Political Constitution. This was
passed on March 15, 2005, and it was published in La Gaceta, official
government daily, No. 68, dated April 8. 2005; and
8) Ruling No.52, pronounced by the Supreme Court of Justice at 8:30
a.m., on August 30, 2005. This ruling stated the inapplicability or
unconstitutionality of the added text at the end, stating that, During the
2002-2007 Government period, what is set forth in the amendment of this
Article must be implemented until after there is consensus-building
between three main political players in the countrythe two Majority
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