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constituteproject.org

Nicaragua's Constitution of
1987 with Amendments
through 2014

© Oxford University Press, Inc.

Translated by Max Planck Institute
Prepared for distribution on constituteproject.org with content generously provided by Oxford University
Press. This document has been recompiled and reformatted using texts collected in Oxford’s Constitutions
of the World.
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Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TITLE I: FUNDAMENTAL PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TITLE II: THE STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
TITLE III: NICARAGUAN NATIONALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
TITLE IV: RIGHTS, DUTIES AND GUARANTEES OF THE NICARAGUAN
PEOPLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chapter I: Individual Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chapter II: Political Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Chapter III: Social Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Chapter IV: Rights of the Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Chapter V: Labor Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter VI: Rights of the Communities of the Atlantic Coast . . . . . . . . . . . . . . . . . . . . . . . . . . 21

TITLE V: NATIONAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

TITLE VI: NATIONAL ECONOMY, LAND REFORM AND PUBLIC FINANCES . . . 23
Chapter I: National Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Chapter II: Land Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Chapter III: Of Public Finances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

TITLE VII: EDUCATION AND CULTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

TITLE VIII: THE ORGANIZATION OF THE STATE . . . . . . . . . . . . . . . . . . . . . . . 30
Chapter I: General Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Chapter II: Legislative Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Chapter III: Executive Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Chapter IV: Of the Office of the Controller General of the Republic . . . . . . . . . . . . . . . . . . . . . 45
Chapter V: Judicial Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Chapter VI: Electoral Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

TITLE IX: POLITICAL ADMINISTRATIVE DIVISION . . . . . . . . . . . . . . . . . . . . . 52

Chapter I: Of Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Chapter II: Communities of the Atlantic Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

TITLE X: SUPREMACY OF THE CONSTITUTION, ITS REFORM AND

CONSTITUTIONAL LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Chapter I: Of the Political Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Chapter II: Constitutional Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Chapter III: Constitutional Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

TITLE XI: FINAL AND TRANSITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 58

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• Source of constitutional authority

• Political theorists/figures
Preamble
• Preamble
• Reference to country's history
WE,
Representatives of the People of Nicaragua, united in the Constituent National
Assembly,
INVOKING
The struggles of our indigenous ancestors;
The spirit of Central American unity and the combative tradition of our people who,
inspired by the example of General JOSE DOLORES ESTRADA, ANDRES CASTRO
and EMMANUEL MONGALO, destroyed the dominion of the foreign adventurers
and defeated the North-American intervention in the National War;
The protagonist of the cultural independence of the Nation, the Universal Poet
RUBEN DARIO;
The anti-interventionist actions of BENJAMIN ZELEDON;
The General of Free People, AUGUSTO C. SANDINO, Father of the Popular and
Anti- imperialist Revolution;
The heroic action of RIGOBERTO LOPEZ PEREZ, initiator of the beginning of the
end of the dictatorship;
The example of CARLOS FONSECA, the greatest perpetuator of Sandino’s legacy,
founder of the Sandinista National Liberation Front and Leader of the Revolution;
The martyr of public liberties, Doctor PEDRO JOAQUIN CHAMORRO CARDENAL;
The Cardinal of Peace and Reconciliation, Cardinal MIGUEL OBAND Y BRAVO;
The generations of Heroes and Martyrs who forged and carried forward the
liberation struggle for national independence.
IN THE NAME OF
• God or other deities The Nicaraguan people, all democratic, patriotic and revolutionary parties and
organizations of Nicaragua, its men and women, its workers and peasants, its
glorious youth, its heroic mothers, those Christians who inspired by their belief in
God have joined and committed themselves to the struggle for the liberation of the
oppressed, its patriotic intellectuals, and all those who through their productive
work contribute to the defense of the Homeland;
Those who offer their lives in fighting against imperialist aggression to guarantee
happiness for new generations.
• Motives for writing constitution FOR
• Motives for writing constitution The institutionalization of the achievements of the Revolution and the establishment
of a new society that eliminates all forms of exploitation and achieves economic,
political and social equality among Nicaraguans and absolute respect for human
rights.
• Motives for writing constitution FOR THE HOMELAND, FOR THE REVOLUTION, FOR THE UNITY OF THE NATION
AND FOR PEACE.
WE PROMULGATE THE FOLLOWING POLITICAL CONSTITUTION OF THE
REPUBLIC OF NICARAGUA

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TITLE I: FUNDAMENTAL PRINCIPLES

SOLE CHAPTER

• Inalienable rights
• Right to self determination
Article 1
Independence, sovereignty, and national self-determination are inalienable rights of
the people and the bases of the Nicaraguan nation. Any foreign interference in the
internal affairs of Nicaragua or any attempt to undermine these rights threatens the
life of the people. It is the duty of all Nicaraguans to preserve and defend these
rights.

• Secret ballot
• Legislative initiatives by citizens
Article 2
• Referenda
• Claim of universal suffrage
National sovereignty resides in the people who exercise it by means of democratic
procedures, deciding and participating freely in the establishment and improvement
of the nation’s economic, political, cultural and social system. The people exercise
sovereign power through their representatives freely elected by universal, equal,
direct, and secret suffrage, barring any other individual or group of individuals from
usurping such representation. They may also exercise it directly by means of a
referendum or plebiscite or other mechanisms established by the present
Constitution and the laws. Similarly, it could exercise it by other means of direct
democracy, like participatory budgets, citizens’ initiatives, territorial councils,
territorial and municipal assemblies of the indigenous peoples and those of African
descent, sectorial councils and other means established by this Constitution and the
laws.

• Reference to fraternity/solidarity Article 3

The struggle for peace and the establishment of a just world order represent
fundamental commitments of the Nicaraguan nation. We therefore oppose all forms
of colonialist and imperialist domination and exploitation and declare our solidarity
with all countries fighting against oppression and discrimination.

• Reference to fraternity/solidarity Article 4

The State recognizes the individual, the family, and the community as the origin and
the end of its activity, and is organized to achieve the common good, assuming the
task of promoting the human development of each and every Nicaraguan, inspired
by Christian values, socialist ideals, practices based on solidarity, democracy and
humanism, as universal and general values, as well as the values and ideals of
Nicaraguan culture and identity.

Article 5
• Human dignity Liberty, justice, respect for the dignity of the human person, political and social
• Right to self determination
• Reference to fraternity/solidarity pluralism, the recognition of the distinct identity of the indigenous peoples and those
of African descent within the framework of a unitary and indivisible state, the
recognition of different forms of property, free international cooperation and
respect for the free self-determination of peoples, Christian values, socialist ideals,
and practices based on solidarity, and the values and ideals of the Nicaraguan culture
and identity, are the principles of the Nicaraguan nation.

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Political pluralism ensures the free organization and participation of all political
parties in the electoral processes established in the Constitution and the laws; and
their participation in the political, economic and social affairs of the country.
• Equality for persons with disabilities Christian values ensure brotherly love, the reconciliation between the members of
the Nicaraguan family, the respect for individual diversity without any
discrimination, the respect for and equal rights of persons with disabilities, and the
preference for the poor.
• Mentions of social class The socialist ideals promote the common good over individual egoism, seeking to
create an ever more inclusive, just and fair society, promoting an economic
democracy which redistributes national wealth and eliminates exploitation among
human beings.
• Reference to fraternity/solidarity Solidarity among Nicaraguans must consist in joint action which leads to the
abolition of exclusionary practices and favors the most impoverished, disadvantaged
and marginalized people; a feeling of unity based on common objectives and
interests of the nation, as cooperation and mutual assistance promote and breathe
life into relations based characterized by understanding, respect and dignity which
form the basis for peace and reconciliation among individuals.
• Right to culture The State recognizes the existence of the indigenous peoples and those of African
• Indigenous right to self governance
descent who enjoy the rights, duties and guarantees designated in the Constitution,
and especially those which allow them to maintain and develop their identity and
culture, to have their own forms of social organization and administer their local
affairs, as well as to preserve the communal forms of land property and their
exploitation, use, and enjoyment, all in accordance with the law. For the communities
of the Caribbean Coast, an autonomous regime is established in the present
Constitution.
• Right to own property The various forms of public, private, associative, cooperative, communitarian,
communal, family-owned, and mixed property shall be guaranteed and encouraged
without discrimination in order to produce wealth and shall serve social needs by
operating freely.
• Protection of stateless persons Nicaragua bases its international relations on friendship, complementarity and
• International law
• Reference to fraternity/solidarity solidarity among the peoples and reciprocity among States. Consequently, all forms
of political, military, economic, cultural, or religious aggression and the interference
in the internal affairs of other States are forbidden and proscribed. Nicaragua
recognizes the principle of the peaceful settlement of international disputes through
the means offered by international law and prohibits the use of nuclear weapons and
other means of mass destruction in domestic and international conflicts. Nicaragua
guarantees the right of asylum to persons persecuted for political reasons, and
rejects any subordination of one State to another.
• International law Nicaragua adheres to the principles shaping American international law, as
recognized and ratified in the exercise of its sovereignty.
• Regional group(s) Nicaragua encourages regional integration and advocates the reconstruction of the
Grand Central American Homeland.

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TITLE II: THE STATE

SOLE CHAPTER

• Human dignity
• Reference to fraternity/solidarity
Article 6
Nicaragua is an independent, free, sovereign, unitary and indivisible State. It is
organized as a democratic and social state based on the rule of law which promotes
as superior values the protection of the dignity of the people through the legal order,
liberty, justice, equality, solidarity, social responsibility and, in general, the primacy
of human rights, ethics, and the common good. The female and male citizens and the
family are the major elements in the decision-making, planning and administrative
processes of the State.

Article 7
• Type of government envisioned Nicaragua is a democratic republic. Democracy is practiced through direct,
participatory, and representative mechanisms. The delegated functions of the
sovereign power are expressed through the legislative, executive, judicial and
electoral branches of government. They have specialized and distinct functions,
cooperating harmoniously with each other for the achievement of their purposes.
There are other autonomous institutions and entities for the performance of specific
functions of the State.

• Regional group(s) Article 8

The Nicaraguan people is of a multi-ethnic character and forms an integral part of
the Central American nation.

• Regional group(s) Article 9

Nicaragua firmly defends Central American unity, supports and promotes all efforts
to achieve political and economic integration and cooperation in Central America as
well as efforts to establish and preserve peace in the region.
• Political theorists/figures Nicaragua aspires to the unity of the people of Latin America and the Caribbean,
• International law
inspired by the ideals of Bolivar and Sandino. Therefore, Nicaragua shall participate
with other Central American and Latin American countries in the creation and
election of the bodies necessary to achieve such goals. This principle shall be put into
effect by the relevant legislation and treaties.

• International law
• International organizations
Article 10
The national territory is located between the Caribbean Sea and the Pacific Ocean
and the Republics of Honduras and Costa Rica. Nicaragua fixes its maritime
boundaries with Honduras, Jamaica, Colombia, Panama and Costa Rica in the
Caribbean Sea in accordance with the rulings of the International Court of Justice of
October 8, 2007, and of November 19, 2012.
The sovereignty, jurisdiction and rights of Nicaragua extend to the islands, keys,
banks and rocks located in in the Caribbean Sea, the Pacific Ocean and the Gulf of
Fonseca; and to the internal waters, the territorial sea, the contiguous zone, the
exclusive economic zone, the continental platform, and the corresponding airspace,

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in accordance with the rules and provisions of International Law, and the sentences
issued by the International Court of Justice.
The Republic of Nicaragua only recognizes international obligations on its territory
that have been freely consented to and in accordance with the Political Constitution
of the Republic and the rules of International Law. Likewise, it does not accept any
treaties signed by other countries to which Nicaragua is not a Contracting Party.

• Official or national languages

• Protection of language use
Article 11
Spanish is the official language of the State. The languages of the Communities of the
Atlantic Coast shall also be officially used in the cases established by law.

• National capital Article 12

The city of Managua is the capital of the Republic and the government seat. In
extraordinary circumstances these can be established elsewhere in the national
territory.

• National anthem
• National flag
Article 13
The symbols of the nation are the National Anthem, the Flag and the Official Seal, as
established by the law that determines their characteristics and uses.

• Official religion Article 14

The State has no official religion.

TITLE III: NICARAGUAN NATIONALITY

SOLE CHAPTER

Article 15
Nicaraguans are either nationals or nationalized individuals.

• Requirements for birthright citizenship Article 16

Nationals are:
 
• International organizations 1. Those born in the national territory, with the exception of children of
foreigners in diplomatic service, children of foreign officials serving in
international organizations or of individuals sent by their government to
work in Nicaragua, unless they opt for the Nicaraguan nationality;
 
2. The children of a Nicaraguan father or mother;
 
3. Those born abroad to fathers or mothers who originally were Nicaraguan, if
and when they apply for Nicaraguan nationality after reaching legal age or
independence;

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4. Infants of unknown parents found in Nicaraguan territory, subject to
corrections which may become necessary once their true descent becomes
known;
 
5. Children born to foreign parents on board Nicaraguan aircrafts or vessels, if
and when they apply for Nicaraguan nationality.

• Requirements for naturalization

• Regional group(s)
Article 17
Native born Central Americans who reside in Nicaragua have the right to opt for
Nicaraguan nationality and may apply for it before the competent authority without
having to renounce their prior nationality.

• Requirements for naturalization Article 18

The National Assembly may grant nationality to foreigners who have distinguished
themselves through extraordinary service rendered to Nicaragua.

• Requirements for naturalization Article 19

Foreigners may be nationalized on application to the competent authority after
having renounced their nationality, subject to the fulfillment of the requirements
and conditions established by the applicable law.

• Conditions for revoking citizenship Article 20

No national may be deprived of his/her citizenship. The status of Nicaraguan citizen
is not lost by acquisition of another nationality.

• Conditions for revoking citizenship Article 21

The granting, loss and recuperation of nationality shall be regulated by law.

• International law Article 22

Cases of dual nationality shall be treated in conformity with treaties and the
principle of reciprocity.

TITLE IV: RIGHTS, DUTIES AND

GUARANTEES OF THE NICARAGUAN
PEOPLE

Chapter I: Individual Rights

• Prohibition of capital punishment

• Inalienable rights
Article 23
• Right to life

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The right to life is inviolable and inherent in the human person. In Nicaragua there is
no death penalty.

Article 24
Everyone has duties to his/her family, the community, the homeland and humanity.
The rights of every person are limited by the rights of others, the security of all and
the reasonable requirements of the common good.

Article 25
Everyone has the right to:
 
1. individual liberty;
 
2. security;
 
3. recognition of his/her legal personality and capacity.

• Regulation of evidence collection

• Right to privacy
Article 26
Everyone has the right to:
 
1. Privacy in his/her life and that of his/her family.
 
• Right to protect one's reputation 2. Respect of his/her honor and reputation.
 
• Right to information 3. Know about any information which private or public entities may have on
record about him/her as well as the right to know why and for what
purpose they hold such information.
 
• Inalienable rights 4. Inviolability of his/her domicile, correspondence and communication of any
kind.
A private home may be searched only with a warrant from a competent judge save in
cases in which:
 
a. Those who reside in the home tell the authorities that a crime is being
committed there or call for help;
 
b. A fire, flood, catastrophe or similar incident is threatening the life or
property of the inhabitants;
 
c. Strangers have been spotted in a dwelling in circumstances which strongly
suggest that a crime is about to be committed;
 
d. A hot pursuit of a criminal is under way;
 
e. A hostage shall be liberated.
In all these cases, the search must take place in accordance with the law.

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The law determines the conditions and procedures for the search of private
documents, fiscal records and related documents where this is indispensable for the
investigation of matters before the courts or for taxation purposes.
Letters, documents, and other private papers which have been unlawfully seized
shall be null and void in judicial proceedings or elsewhere.

• General guarantee of equality Article 27

• Equality regardless of gender All individuals are equal before the law and have the right to equal protection. There
• Equality regardless of creed or belief
• Equality regardless of social status shall be no discrimination based on birth, nationality, political belief, race, gender,
• Equality regardless of financial status
• Equality regardless of political party language, religion, opinion, origin, economic position or social condition.
• Equality regardless of parentage
• Equality regardless of nationality Foreigners have the same rights and duties as Nicaraguans, with the exception of
• Equality regardless of origin
• Equality regardless of race political rights and other rights established by law; they may not intervene in the
• Equality regardless of language
• Equality regardless of religion political affairs of the country.
• Restrictions on rights of groups
The State respects and guarantees the rights recognized in this Constitution to all
persons who are in its territory and subject to its jurisdiction.

• Right to amparo Article 28

Nicaraguans who are out of the country are entitled to amparo and the protection of
the State, which is implemented through its diplomatic and consular representations.

• Freedom of religion
• Freedom of opinion/thought/conscience
Article 29
Everyone has the right to freedom of conscience and thought and to profess or not
profess a religion. No one shall be the object of coercive measures which diminish
these rights or be compelled to declare his/her creed, ideology or beliefs.

• Freedom of expression Article 30

Nicaraguans have the right to freely express their convictions in public or in private,
individually or collectively, in oral, written or any other form.

• Freedom of movement Article 31

Nicaraguans have the right to circulate and to establish their residence in any part of
the national territory, and to freely enter and exit the country.

• Principle of no punishment without law Article 32

No person is obligated to do what is not mandated by law or barred from doing what
is not prohibited by it.

• Protection from unjustified restraint Article 33

No one may be arbitrarily detained or imprisoned, or be deprived of liberty except in
cases determined by law and in accordance with legal procedures. Therefore:
 
1. An arrest may be made only on the basis of a warrant issued by a
competent judge or by authorities specifically empowered by law, with the
exception of an individual caught in the act of committing a crime (flagrante
delicto);

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2. Any arrested person has the right:
 
• Human dignity 2.1. To be informed without delay in an idiom or language understandable
• Trial in native language of accused
to him and in detailed manner of the causes of his/her arrest and of the
charges brought against him; to be informed of his/her arrest by the
police and the same to be notified to his/her family or anyone
considered appropriate; and also that he/she be treated with the
respect due to the dignity inherent to him;
 
2.2. To be released or brought before a competent authority within a 48
hour period subsequent to the arrest;
 
3. Once a penalty has been served, no one should be held further after an
order of release from prison by a competent authority;
 
• Protection from false imprisonment 4. Any illegal detention causes civil and penal responsibility for the authority
which orders or executes it;
 
5. The competent organs shall strive to have those indicted and those
sentenced imprisoned in different centers.

• Right to fair trial Article 34

Any accused has the right, under equal conditions, to a fair trial and effective judicial
protection, which includes the following minimal guarantees:
 
• Presumption of innocence in trials 1. To enjoy the presumption of innocence as long as guilt is not proven
according to law.
 
• Right to speedy trial 2. To be tried without delay by a competent court established by law. No one
is exempt from the ordinary criminal jurisdiction. Nobody may be removed
from the jurisdiction of the competent court nor be made to appear before
a special court.
 
• Right to appeal judicial decisions 3. To be subjected to the verdict of juries in cases determined by law. The
• Jury trials required
right to appeal (acción de revisión) is established.
 
• Right to counsel 4. To have one’s participation and defense guaranteed from the very initiation
of the legal process and to have the time and means adequate to one’s
defense.
 
• Right to counsel 5. To be granted a court appointed counsel when in the initial instance it has
not been provided or when there has not been a prior warrant.
 
The accused shall have the right to communicate freely and privately with
one’s counsel.
 
• Trial in native language of accused 6. To be assisted free of charge by an interpreter if he/she does not
understand or speak the language used by the court.

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• Protection from self-incrimination 7. Not to be obliged to testify against oneself or against a spouse or a partner
in a stable de facto union or a family member within the fourth level of
consanguinity or the second level of marital relations, or to confess guilt.
 
8. To be sentenced by motivated and reasoned decision based on the law
within the statutory period at each stage of the application, trial or process
which take place, without exception, in accordance with the law.
 
• Right to appeal judicial decisions 9. To appeal to a higher court so that one’s case may be reviewed should the
accused be sentenced for any crime or contravention.
 
• Prohibition of double jeopardy 10. Not to be tried again for the crime for which the accused was sentenced or
acquitted by a final judgment.
 
• Principle of no punishment without law 11. Not to be tried or sentenced for an act or omission which, at the time of
committing it, had not been specified expressly or unequivocally in the law
as a punishable offence, nor to be sanctioned with a penalty not provided
by law. Dictating criminal laws which only apply to specific individuals
(leyes proscriptivas) or applying demeaning penalties or treatment to the
accused is prohibited.
• Right to public trial The judicial process must be oral and public. Access by the press and the public in
general may be restricted for moral and public order reasons.
• Protection of victim's rights The victim shall take part in judicial proceedings from their beginning and at every
step.
• Protection of victim's rights The State shall protect crime victims and make sure that the damage suffered is
compensated. The victims have a right to the protection of their safety, physical and
psychological well-being, dignity and private life in conformity with the law.
The minimum guarantees of fair trial and effective judicial protection established in
this Article are applicable to administrative and judicial proceedings.

• Privileges for juveniles in criminal process Article 35

Minors cannot be subject to or [be] the object of judgment, nor can they be
submitted to any legal proceeding. Transgressor minors cannot be taken to penal
rehabilitation centers and they shall be attended to in centers under the
responsibility of a specialized institution. A law shall regulate this matter.

• Prohibition of corporal punishment

• Prohibition of cruel treatment
Article 36
• Prohibition of torture
All persons shall have the right to have their physical, psychological and moral
integrity respected. No one shall be subjected to torture, procedures, punishments,
or inhumane, cruel or degrading treatment. Violation of this right constitutes a crime
and shall be punished by law.

Article 37
The penalty shall not extend beyond the person convicted. There shall be no
punishment or punishments which, in isolation (aisladamente) or together, total
more than thirty years.

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• Protection from ex post facto laws Article 38

The law has no retroactive effect except in penal matters that favor the accused.

Article 39
In Nicaragua, the Penitentiary System is humanitarian, and has as a fundamental
objective the transformation of the interned in order to reintegrate [him or her] into
society. With the progressive system it promotes family unity, health, educational
and cultural advancement and productive occupation with financial compensation
for the interned. Sentences have a re-educational character.
Convicted women shall serve in prison in different penal centers than men, and
guards of the same sex shall be provided.

• Prohibition of slavery Article 40

No one shall be subjected to servitude. Slavery and slave trade in any form are
prohibited.

• Rights of debtors Article 41

No one shall be detained for debts. This principle does not limit the mandates of
competent legal authority for the non-fulfillment of alimony duties. It is the duty of
all national or foreign citizens to pay their debts.

• Protection of stateless persons Article 42

Nicaragua recognizes and guarantees the right of refuge and of asylum. Refuge and
asylum are to be granted only to those who are persecuted in their struggle for
democracy, peace, justice, and human rights.
• International law The law shall determine the status of an asylum seeker or political refugee in
accordance with international agreements ratified by Nicaragua. In case the
expulsion of the asylum is decided he/she may never be returned to the country
where he/she had been persecuted.

• Extradition procedure Article 43

• International law In Nicaragua there is no extradition for political crimes or common crimes
committed in conjunction with them, according to Nicaraguan qualification.
Extradition for common crimes is regulated by law and international treaties.
Nicaraguans shall not be objects of extradition from the national territory.

• Protection from expropriation

• Right to own property
Article 44
The right of private ownership of movable and immovable property and of the
instruments and means of production is guaranteed.
By virtue of the social function of property, for reason of public utility or social
interest, this right is subject to the limits and obligations imposed by the laws
regarding its exercise. Immovable property mentioned in the first paragraph may be
the subject of expropriation in accordance with the law following the cash payment
of fair compensation.

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As regards the expropriation of uncultivated large landed estates in the interest of

land reform, the law shall determine the form, computation, installment of payments
and interests recognized as indemnification.
The confiscation of property is prohibited. Those officials who violate this provision
shall respond with their property at all times for any damages they may have caused.

• Right to amparo
• Protection from unjustified restraint
Article 45
Persons whose constitutional rights have been violated or are in danger of being
violated have the right to present the writ of habeas corpus, of amparo, or of habeas
data, depending on the circumstances of the case and in accordance with the Law on
Constitutional Jurisdiction.

• International law
• International human rights treaties
Article 46
All persons in the national territory shall enjoy State protection and recognition of
the rights inherent to the human person, as well as unrestricted respect, promotion
and protection of those human rights, and the full applicability of the rights set forth
in the Universal Declaration of Human Rights; in the American Declaration of the
Rights and Duties of Man; in the International Pact of Economic, Social and Cultural
Rights; in the International Pact of Civil and Political Rights of the United Nations;
and in the American Convention of Human Rights of the Organization of American
States.

Chapter II: Political Rights

Article 47
• Requirements for birthright citizenship All Nicaraguans who have reached 16 years of age are citizens.
• Restrictions on voting

Only citizens enjoy the political rights set forth in the Constitution and in the laws,
without further limitations other than those established for reasons of age.
Rights of citizens shall be suspended by imposition of serious corporal or specific
related punishments and by final judgment of civil injunction.

• General guarantee of equality Article 48

• Equality regardless of gender Unconditional equality of all Nicaraguans in the enjoyment of their political rights, in
the exercise of these rights, and in the fulfillment of their duties and responsibilities,
is established; there exists absolute equality between men and women.
It is the obligation of the State to remove obstacles that impede the actual equality
among Nicaraguans and their effective participation in the political, economic and
social life of the country.

• Reference to art
• Freedom of association
Article 49
In Nicaragua workers in the cities and countryside, women, youth, agricultural
producers, artisans, professionals, technicians, intellectuals, artists, religious
persons, the Communities of the Atlantic Coast and the population in general have
the right to form organizations with the goal of realizing their aspirations according
to their own interests, without discrimination, and to participate in the construction
of a new society. Such organizations shall be formed according to the elective and
participatory will of citizens, they shall have a social function and may or may not
have a partisan character, according to their nature and objectives.

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Article 50
Citizens have the right to participate under equal conditions in public affairs and in
State management.
The participation of the individual, the family, and the community in the formulation,
execution, evaluation, control and monitoring of public and social policies and of
public services shall be guaranteed; the law shall guarantee their effective
participation, nationally and locally.

Article 51
• Restrictions on voting Citizens have the right to vote and be elected at periodic elections and to run for
public office, except for the limitations provided in this Political Constitution.
• Jury trials required It is the duty of citizens to be jurors and to perform other tasks of a civic nature,
except for recognized excuse.

• Right of petition Article 52

Citizens have the right, individually or collectively, to petition, denounce
irregularities and make constructive criticism to the Powers of the State or to any
authority, to obtain a quick resolution or response and to have the result
communicated in the time period established by the law.

• Freedom of assembly Article 53

The right to peaceful gathering is recognized; the exercise of this right does not
require prior permission.

• Freedom of assembly Article 54

The right to public assembly, demonstration and mobilization in conformity with the
law is recognized.

• Right to form political parties Article 55

Nicaraguan citizens have the right to establish or join political parties with the
objective of participating in the exercise of or the contest for political power.

Chapter III: Social Rights

• State support for the disabled Article 56

The State shall give special attention in all its programs to the disabled and to the
relatives of those killed or victimized by war in general.

• Right to work Article 57

Nicaraguans have the right to work in accordance with their human nature.

• Right to culture Article 58

Nicaraguans have the right to education and culture.

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• Right to health care Article 59

Every Nicaraguan has an equal right to health. The State shall establish the basic
conditions for its promotion, protection, recuperation and rehabilitation.
The organization and direction of health programs, services and actions and the
promotion of popular participation in support of it corresponds to the State.
Citizens are obligated to respect determined sanitary measures.

• Protection of environment Article 60

Nicaraguans have the right to live in a healthy environment, as well as the obligation
to maintain and preserve it. The supreme and universal common good, and a
precondition for all other goods, is mother earth; she must be loved, cared for, and
regenerated. The common good of the earth and of humanity requires us to
understand the earth as a living entity and subject of dignity. She belongs to the
community of all which inhabit her and to the totality of the ecosystems.
Earth forms together with humanity a unique complex identity; she lives and acts as
a unique self-regulated system made up of physical, chemical, biological, and human
components, which make it fit for the production and reproduction of life and which,
for this reason, is our mother earth and our common home.
We must protect and restore the integrity of the ecosystems, with a special focus on
biological diversity and all the natural processes which sustain life.
• Reference to fraternity/solidarity The Nicaraguan nation must adopt patterns of production and consumption which
guarantee the vitality and integrity of mother earth, social equity among humans, a
responsible consumption based on solidarity, and the good life of the community.
• International law The State of Nicaragua adopts and makes its own in this Political Constitution the
integral text of the Universal Declaration on the Common Good of the Earth and of
Humanity.

Article 61
The State guarantees Nicaraguans the right to social security for their integral
protection against the social contingencies of life and work in the manner and
conditions determined by law.

• State support for the disabled Article 62

The State shall strive to establish programs benefiting the handicapped people, for
their physical, psychosocial and professional rehabilitation, and for their job
placement.

Article 63
It is the right of Nicaraguans to be protected against hunger. The State shall promote
programs, which ensure adequate availability of food and its equitable distribution.

• Right to shelter Article 64

Nicaraguans have the right to decent, comfortable and safe housing that guarantees
familial privacy. The State shall promote the fulfillment of this right.

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• Right to rest and leisure Article 65

Nicaraguans have the right to sports, physical education, recreation and relaxation.
As part of the integral development of Nicaraguans, the State shall promote the
practice of sports and physical education, through the organized and mass
participation of the people. This shall be accomplished through special programs and
projects.

• Right to information
• Freedom of press
Article 66
Nicaraguans have the right to truthful information. This right comprises the freedom
to seek, receive and disseminate information and ideas, be they spoken or written, in
graphic or by any other chosen procedure.

• Freedom of press Article 67

The right to inform is a social responsibility and shall be exercised with strict respect
for the principles established in the Constitution. This right cannot be subject to
censorship, but [may be subject] to subsequent responsibilities established by law.

• State operation of the media

• Freedom of press
Article 68
Within the framework of their social function, the mass communications media must
contribute to the development of the nation.
Nicaraguans have the right of access to the social mass communications media and
to explanations when their rights and guarantees may be affected.
The government shall see to it that the social mass communications media not be
subjected to foreign interests or to the economic monopoly of any group. The law
shall regulate this matter.
• Radio The import of paper, machinery, and equipment, and upkeep accessories for the
• Reference to science
• Telecommunications mass communications media whether printed, broadcast, or televised as well as the
• Television
import, circulation, and sale of books, brochures, magazines, instructional school and
scientific materials, newspapers, and other publications shall be exempt from all
types of municipal, regional, and fiscal levies. The tax laws shall regulate the matter.
The public, corporate, or private mass communications media may not be subjected
to prior censorship. In no case may their printing presses or accessories nor any
other means or equipment used for the dissemination of ideas be seized as evidence
of wrongdoing.

• Freedom of religion Article 69

All persons, either individually or in a group, have the right to manifest their religious
beliefs in public or private, through worship, practices and teachings.
No one may evade obedience to the law or impede others from exercising their
rights and fulfilling their duties by invoking religious beliefs or dispositions.

Chapter IV: Rights of the Family

• Right to found a family Article 70

The family is the fundamental nucleus of society and has the right to protection by
the latter and the State. The individual, the family, and the community are the major

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elements of the human development plan of the Nation.

• Right to found a family

• Right to transfer property
Article 71
Nicaraguans have the right to establish families. Family inheritance, which is not
subject to seizure and exempt from all public levies, is guaranteed. The law shall
regulate and protect those rights.
• Rights of children Childhood enjoys special protection and all the rights that this status may require;
• International law
• International human rights treaties for that reason, the International Convention on Rights of Children is fully applicable
in Nicaragua.

• Provision for civil marriage

• Right to marry
Article 72
Marriage and stable de facto unions are protected by the State; they rest on the
voluntary agreement between a man and a woman, and may be dissolved by mutual
consent or by the shall of one of the parties. The law shall regulate this matter.

Article 73
• Provision for matrimonial equality Family relations rest on the respect, solidarity and absolute equality of rights and
• Reference to fraternity/solidarity
responsibilities between the man and woman.
Parents must attend to the maintenance of the home and the integral development
of children through joint efforts, with equal rights and responsibilities. Children are,
as well, obligated to respect and assist their parents. These duties and rights shall be
fulfilled in accordance with the legislation on this matter.

Article 74
The State grants special protection to the process of human reproduction.
Women shall have special protection during pregnancy and shall be granted
maternity leave with pay and all appropriate social security benefits.
No one may deny employment to women for reasons of pregnancy nor dismiss them
during pregnancy or the post-natal period; all in conformity with the law.

• Rights of children Article 75

All children have equal rights. There shall be no discriminatory designations due to
matters of filiation. In ordinary legislation, no dispositions or classifications that
reduce or deny equality among children have any value.

• Rights of children
• State support for children
Article 76
The State shall create programs and develop special centers for the care of minors;
minors have the right to measures of prevention, protection and education from
their family, society and the State, as required by their condition.

• State support for the elderly Article 77

The elderly have the right to protective measures from their family, society and the
State.

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Article 78
The State protects responsible paternity and maternity. The right to investigate
paternity and maternity is established.

Article 79
The right to adoption for the exclusive interest of the integral development of the
minor is established. The law shall regulate this matter.

Chapter V: Labor Rights

• Right to work
• Duty to work
Article 80
Work is a right and a social responsibility.
The labor of Nicaraguans is the fundamental means to satisfy the needs of society
and of persons, and is the source of the wealth and prosperity of the nation. The
State shall strive for full and productive employment of all Nicaraguans under
conditions that guarantee the fundamental rights of the person.

Article 81
Workers have the right to participate in the management of their enterprises,
through their organizations and in conformity with the law.

Article 82
Workers have the right to working conditions that specifically ensure them:
 
• Human dignity 1. Equal pay for equal work under identical conditions, suitable to their social
• Right to equal pay for work
• Right to reasonable standard of living responsibility, without discrimination for political, religious, racial, gender
or any other reasons, which ensure a well-being compatible with human
dignity;
 
2. Being paid in legal tender currency in their work place;
 
3. The exemption from seizure of the minimum wage and social benefits,
except for the protection of their family and in the terms established by
law;
 
• Right to safe work environment 4. Work conditions that guarantee physical integrity, health, hygiene and the
reduction of professional hazards to make effective the worker’s
occupational security;
 
• Right to rest and leisure 5. An eight-hour work day, weekly rest, vacations, remuneration for national
holidays and a thirteenth month salary, in conformity with the law;
 
6. Work stability in conformity with the law and equal opportunity to be
promoted, limited only by the factors of time, service, capacity, efficiency
and responsibility;

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7. Social security for integral protection and means of subsistence in cases of
incapacitation, old age, professional risks, illness or maternity; and for their
relatives in cases of death, in the form and under conditions established by
law.

• Right to strike Article 83

The right to strike is recognized.

• Limits on employment of children Article 84

Child labor in tasks that can affect their normal development or their obligatory
instruction cycle is prohibited. Children and adolescents shall be protected against
any form of economic and social exploitation.

• Right to culture
• Reference to science
Article 85
• Right to enjoy the benefits of science
Workers have the right to their cultural, scientific and technical development; the
State shall facilitate this through special programs.

• Right to choose occupation Article 86

All Nicaraguans have the right to freely elect and exercise their profession or trade
and to choose their place of work with no other requisites than a school degree and
that the work serve a social purpose.

• Right to join trade unions Article 87

Full labor union freedom exists in Nicaragua. Workers shall organize themselves
voluntarily in unions, which shall be constituted in conformity with that established
by the law.
No worker is obliged to belong to a particular union or to resign from the one to
which he/she belongs. The full autonomy of organized labor is recognized and the
traditional rights (fuero) of the unions are respected.

• Inalienable rights Article 88

In defense of their individual or organizational interests, workers are guaranteed the
inalienable right to negotiate the following with their employers:
 
1. Individual contracts;
 
2. Collective bargaining agreements.
Both in conformity with the law.

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• Integration of ethnic communities Chapter VI: Rights of the Communities of the Atlantic
Coast

Article 89
The communities of the Atlantic Coast are indivisible parts of the Nicaraguan people,
and as such they enjoy the same rights and have the same obligations.
• Right to culture The communities of the Atlantic Coast have the right to preserve and develop their
• Indigenous right to self governance
cultural identities within the national unity, to provide themselves with their own
forms of social organization, and to administer their local affairs according to their
traditions.
The State recognizes communal forms of land ownership of the communities of the
Atlantic Coast. Equally it recognizes their enjoyment, use and benefit of the waters
and forests of their communal lands.

• Reference to art
• Right to culture
Article 90
• Protection of language use
The communities of the Atlantic Coast have the right to the free expression and
preservation of their languages, art and culture. The development of their culture
and their values enrich the national culture. The State shall create special programs
to enhance the exercise of these rights.

• Equality regardless of language Article 91

The State has the obligation to enact laws intended to promote actions to ensure
that no Nicaraguan shall be the object of discrimination for reasons of language,
culture or origin.

TITLE V: NATIONAL DEFENSE

SOLE CHAPTER

• Designation of commander in chief Article 92

The Army of Nicaragua is the armed institution for the defense of territorial
sovereignty, independence, and integrity.
• Restrictions on the armed forces Only in exceptional cases may the President of the Republic, by decision taken in
Council of Ministers, order the intervention of the Army of Nicaragua in support of
the National Police should the stability of the Republic be threatened by major
internal disorders, calamities or natural disasters.
The establishment of foreign military bases on the national territory is prohibited.
The transit or stationing of foreign military vessels, aircraft, equipment or personnel
for humanitarian, training, instruction or exchange purposes may be authorized as
long as the request is made by the President of the Republic and ratified by the
National Assembly.
It is the responsibility of the Chief-of-Staff of the Nicaraguan Army, under the
authority of the President of the Republic as Commander-in-Chief of the Nicaraguan
Army, to take part in the formulation of the plans and policies in matters of defense

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and national security, and in the coordination of their implementation.

For the purpose of national security:
 
a. the establishment of systems which alter or affect the national systems of
communication is prohibited in all circumstances.
 
b. the communication points for national defense purposes in the national
territory must be the property of the State.
 
c. the radioelectric and satellite spectrum is property of the Nicaraguan State
and must be regulated by the regulatory agency; the law shall provide for
the details.

Article 93
• International law The Army of Nicaragua is a national institution of a professional, non-partisan,
apolitical, hierarchical and non-deliberative character. The members of the Army of
Nicaragua must permanently receive patriotic and civic education and education on
matters of human rights and international humanitarian law.
• Establishment of military courts Crimes and offenses of a strictly military nature committed by members of the army
shall be dealt with by military tribunals established by law.
Common-law crimes and offenses committed by the military shall be dealt with by
the ordinary courts.
• Establishment of military courts In no case may civilians be tried by military tribunals.

• Restrictions on the armed forces Article 94

Members of the Army of Nicaragua and of the National Police may not engage in
political or partisan activities nor hold any position in political organizations. Neither
may they run for public positions of popular election unless they have resigned from
active duty in the armed forces or the police at least one year prior to the elections in
which they intend to participate.
The organization, structures, activities, ranks, promotions, retirements, and
everything relating to the operational development of these organizations shall be
regulated by the law of this matter.

Article 95
• Designation of commander in chief The Army of Nicaragua shall be run in strict adherence to the Political Constitution,
to which it shall pay respect and defer. It shall be subject to the civilian authority to
be exercised directly by the President of the Republic in his/her capacity of
Commander-in-Chief of the Army of Nicaragua.
No more armed units may exist in the national territory than those established in the
Constitution or more military ranks than those established by the law.
The members of the Army of Nicaragua and of the National Police may temporarily
occupy posts in the Executive when the supreme interest of the Nation so requires.
In this case the military or police staff concerned are seconded to external service
for all legal purposes.

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Article 96
There shall be no compulsory military service, and any form of forced recruitment to
be part of the Army of Nicaragua and the National Police is prohibited.
The organs of the Army and the police and any other State institutions are prohibited
from engaging in activities of political espionage.

Article 97
The National Police is an armed body of civilian nature whose competence covers all
police activity. It is organized on a preventive, proactive and communitarian model
with substantial participation by inhabitants, the family, and the community.
Its mission is to guarantee the internal order, the safety of the citizens and of their
goods, and the prevention, prosecution and investigation of crimes and other
offenses specified by the law. The National Police is professional, apolitical,
nonpartisan, hierarchical, and non-deliberative. The National Police shall be run in
strict adherence to the Political Constitution to which it shall pay respect and defer.
It shall be subject to the civilian authority which shall be exercised by the President
of the Republic in his capacity as Commander-in-Chief of the National Police.
Within its functions, the National Police shall support the judicial branch and other
authorities which require its assistance in conformity with the law governing their
activity. The internal organization of the National Police is based on the hierarchy
and the discipline of its commanding officers and staff.

TITLE VI: NATIONAL ECONOMY, LAND

REFORM AND PUBLIC FINANCES

Chapter I: National Economy

Article 98
• Mentions of social class The principal function of the State in the economy is to achieve the sustainable
• Right to reasonable standard of living
human development in the country; to improve the living conditions of the people
and to realize a more just distribution of wealth in the pursuit of a good life.
The State must play the role of facilitator in the production sector which creates the
conditions which allow the private sector and the workers to pursue their economic,
productive and labor activities in a framework of democratic governance and full
legal certainty, so that they may contribute to the economic and social development
of the country.
Through the promotion of public and social policies the State must perform a role in
the development of the private sector which permits to improve the functioning and
the efficiency of the public institutions, to simplify procedures, to reduce entry
barriers to the formal sector of the economy, to extend the coverage of social
security and welfare services, and to facilitate the functioning of existing companies
in the formal sector.
This shall be promoted by means of an alliance of the government with small,
middle-sized and large businesses and the workers through a permanent dialogue
which seeks to achieve consensus.

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• Right to competitive marketplace Article 99

• Right to establish a business The State is responsible for promoting the country’s integral development; as the
manager of the general well-being, it shall guarantee the individual, social, sectorial
and regional interests and needs of the nation. It is the responsibility of the State to
protect, foment, and promote private, public, cooperative, associative,
communitarian, family-owned, communal and mixed forms of ownership and
economic and business management, in order to guarantee economic and social
democracy.
• Protection of consumers The State shall promote and supervise the culture of free and fair competition
between economic agents, with the objective of protecting the rights of consumers
and users, in accordance with the legal provisions governing these matters.
• Right to establish a business The conduct of economic activities is primarily a matter for individuals. The leading
role of private initiative which includes in a broad sense large, middle-sized, and
small businesses, mini-enterprises, cooperative, associative, and other enterprises is
recognized.
• Central bank The Central Bank is the State entity regulating the monetary system. State banks
and other State financial institutions shall be the financial tools for economic
promotion, investment, and development, and they shall diversify their credits with
an emphasis on small- and medium-sized producers. It is the duty of the State to
guarantee their existence and functioning in an unassailable manner.
The State guarantees the freedom of enterprise and the establishment of banks and
other private and State financial institutions which shall be regulated in conformity
with the laws on the matter; they shall be supervised, regulated and audited by the
Superintendence of the Banks and Other Financial Institutions. Foreign trade
activities, insurance and reinsurance, both public and private, shall be regulated by
law.
With the support of the private, cooperative, associative, communitarian and mixed
sector the State shall, within the framework of free enterprise and free markets,
promote public and private policies which stimulate a broad access to financing,
including alternative financial instruments which increase and extend microcredits
to the rural and urban sectors.

Article 100
The State guarantees national and foreign investments in order to contribute to the
socio-economic development of the country without prejudice to national
sovereignty and the rights of workers, as well as the legal framework to encourage
public-private partnerships, which facilitates, regulates and stimulates medium and
long term investments necessary for the improvement and development of
infrastructure, in particular in the areas of energy, roads, and ports.

• Economic plans Article 101

Workers and other productive sectors, both public and private, have the right to
participate in the elaboration, execution and control of economic plans, in
accordance with the dialogue, alliance and consensus promoted by the State, with
the objective of raising productivity through better education and training, better
forms of organization for production, adoption of modern technologies, and
investment modernized productive capital, better infrastructure and public services.

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• Protection of environment
• Ownership of natural resources
Article 102
The natural resources are national patrimony. The preservation of the environment,
and the conservation, development and rational exploitation of the natural
resources are responsibilities of the State; the State may sign contracts for the
rational exploitation of these resources in a transparent, public procedure when
required by the national interest.
In view of the favorable geographical position of the country, the State may, on the
basis of a law, sign a contract or grant a concession for the construction and rational
exploitation of an interoceanic canal which must consider, when an investment with
a foreign company is under consideration, the possibility of forming a joint venture
with national companies to promote employment. The approval, reform or repeal of
the laws on the matter require the vote of sixty percent of all members of the
National Assembly of Nicaragua.

• Right to own property Article 103

The State guarantees the public, private, cooperative, associative, communitarian,
communal, family-owned and mixed forms of property; they form part of the mixed
economy, are subject to the higher interests of the nation and fulfill a social function.
They shall enjoy the same rights and prerogatives in accordance with the legal
provisions, and the legal enjoyment and use of any of these forms of property shall
not be perturbed, except in the cases provided for by the applicable law.

• Right to establish a business Article 104

Enterprises organized in any of the forms of ownership established in this
Constitution shall have equal standing before the law and the economic policies of
the State. Economic initiative is free.
The full exercise of economic activities is guaranteed without any other limitations
than those which, due to social or national interest reasons, the law imposes.

Article 105
• Inalienable rights It is the obligation of the State to promote, facilitate, and regulate the provision of
basic public services of energy, communications, water, transportation, road
infrastructure, ports, and airports to the people, and access to these is their
inalienable right. Private investments and their modalities and the concessions of
exploitation to private individuals in these areas shall be regulated by law in each
case.
• Right to health care The services of education, health, and social security are non-transferable duties of
the State, which is obligated to provide them without exclusions, to improve and
broaden them. The installations and infrastructure of these services owned by the
State may not be alienated in any manner. The workers in the education and health
sector shall take part in the elaboration, execution and monitoring of the plans,
programs and projects addressed to the sector, and shall be governed by the
corresponding legal provisions.
• Right to health care Free health care is guaranteed for the vulnerable sectors of the population, giving
priority to the completion of programs benefiting mothers and children. Specific
family and community health programs shall be developed.
• Right to health care State public health and education services shall have to be expanded and reinforced.
The right to establish private health and education services is guaranteed.

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• Protection of consumers It is the responsibility of the State to guarantee quality control over goods and
services and to prevent speculation and the monopolization of basic goods of
consumption. The State shall guarantee the promotion and protection of the rights
of consumers and users through the relevant legislation on the matter.
Concessions for the exploitation of public services assigned to private bidders must
be granted in transparent and public procedures, in conformity with the law on the
matter, and must ensure that their operation follows criteria of efficiency and
competitiveness, satisfaction of the public and fulfilment of the employment laws of
the country.

Chapter II: Land Reform

• Protection of environment Article 106

The land reform is the fundamental instrument for the democratization of ownership
and the just distribution of land; it is a means constituting an essential part for the
global promotion and strategy of ecological reconstruction and the sustainable
economic development of the country. The land reform shall take into account the
socially necessary man-land relationship. Property is also guaranteed to peasants
benefiting from the reform, in accordance with the law.

Article 107
The land reform shall eliminate large uncultivated farmlands and shall be
implemented primarily with lands of the State. Should the expropriation of large
uncultivated farmlands affect private owners, it shall be implemented in conformity
with the provision of Article 44 of this Constitution. The land reform shall eliminate
any form of exploitation of the peasants and the country’s indigenous communities
and shall promote forms of ownership compatible with the economic and social
objectives of the country established in this Constitution. The land ownership
system of indigenous communities shall be regulated according to the law on this
matter.

Article 108
Ownership of their land is guaranteed to all those owners who productively and
efficiently work it. The law shall establish specific regulations and exceptions in
conformity with the goals and objectives of the land reform.

• Provisions for wealth redistribution Article 109

The State shall promote the voluntary association of peasants in agricultural
cooperatives, without discrimination based on sex, and in accord with its resources,
it shall facilitate the material means necessary to raise their technical and productive
capacity in order to improve the standard of living of the peasants.

• Economic plans Article 110

The State shall promote the voluntary incorporation of small and medium
agricultural producers, into the economic and social development plans of the
country, both in associative and individual forms.

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Article 111
The peasants and other productive sectors have the right to participate, through
their own organizations, in defining the policies of agricultural transformation.

Chapter III: Of Public Finances

• Balanced budget
• Budget bills
Article 112
The General Budget Law of the Republic has annual validity and its object is to
regulate the Public Administration’s ordinary and extraordinary revenues and
expenditures. The law shall determine the limits of the expenditures of the State
organs and shall indicate the various sources and purposes of all revenues and
expenditures, which must correspond to each other.
The National Assembly may modify the Bill of the Budget sent by the President of
the Republic, but no extraordinary expenditures may be created except by law and
through the creation and determination at the same time of the resources to finance
it. The Law of the Budgetary Regime shall regulate this matter.
Any modification of the General Budget of the Republic involving an increase or
decrease of credits, reduction of revenues or transfers among different institutions
shall require the approval of the National Assembly. The Annual Budget Law may not
create taxes.

• Budget bills Article 113

It is the responsibility of the President of the Republic to formulate the Bill of the
Annual Budget Law which he/she shall submit to the National Assembly for its
debate and approval, in accordance with the law on this matter.
The Bill of the Annual Budget Law shall include, for information of the National
Assembly, budgets of the autonomous and governmental entities and of State
enterprises.

Article 114
The National Assembly has the exclusive and inalienable power to create, approve,
amend, or suppress tax levies. The Tax System must take into account the
distribution of wealth and of income.
Tax levies of a confiscatory nature are prohibited.
Medicines, vaccines, and serums for human consumption, orthopedics, and
prostheses and the ingredients and materials necessary to produce them shall be
exempt from paying any forms of taxation, in conformity with the clarification and
procedures established.

Article 115
Taxes must be created by a law that establishes their incidence, taxation type and
guarantees of taxpayers. The State shall not force payment of taxes that have not
been previously established by a law.

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TITLE VII: EDUCATION AND CULTURE

SOLE CHAPTER

• Right to development of personality

• Reference to science
Article 116
Education has as its objective the full and integral development of Nicaraguans; to
provide them with a critical, scientific and humanist consciousness; to develop their
personality and their sense of dignity and to prepare them to assume the tasks of
common interest demanded for the progress of the nation. Therefore, education is a
fundamental factor for the transformation and development of the individual and of
society.

• Reference to science Article 117

Education is one single, democratic, creative and participatory process, which links
theory with practice, manual with intellectual labor, and promotes scientific
research. It is based on our national values, in the knowledge of our history, reality,
national and universal culture and in the constant development of science and
technology; it cultivates the values of the new Nicaraguan in accordance with the
principles established in this Constitution, the study of which must be promoted.

Article 118
The State promotes the participation of the family, the community and the people in
education and guarantees the support of the means of social communication for this
purpose.

Article 119
Education is a fundamental duty of the State. Planning, direction and organization of
education correspond to the State. The national educational system functions in an
integrated fashion and in accordance with national plans. Its organization and
functioning are determined by law.
It is the duty of the State to train and prepare the necessary technical and
professional personnel at all levels and specializations for the development and
transformation of the country.

• Right to reasonable standard of living Article 120

The creative application of educational plans and policies is a fundamental role of the
national teaching profession. Teachers have the right to standards of living and work
corresponding to their dignity and the important social function that they carry out;
they shall be promoted and encouraged in their work in accordance with the law.

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• Right to culture
• Compulsory education
Article 121
• Free education
The access to education is free and equal for all Nicaraguans. Primary education is
free of charge and mandatory at the centers of the State. The secondary education is
free of charge at the centers of the State without prejudice to any voluntary
contributions which parents of the family may make. No one may be excluded in any
form from a State center for economic reasons. The indigenous peoples and ethnic
communities of the Atlantic Coast have the right in their region to intercultural
education in their native language, in accordance with the law.

Article 122
Adults shall enjoy opportunities to be educated and to develop skills through
education and training programs. The State shall continue its educational programs
to eliminate illiteracy.

Article 123
Private centers dedicated to teaching may function at all levels, subject to the
precepts established in this Constitution.

• Separation of church and state Article 124

Education in Nicaragua is secular. The State recognizes the right of private education
centers with a religious orientation to teach religion as an extracurricular subject.

• Right to academic freedom Article 125

The universities and superior technical education centers enjoy academic, financial,
organic, and administrative autonomy, in accordance with the law.
They shall be exempt from any class of taxes and fiscal contributions, regional and
municipal. Their assets and revenues may not be the object of intervention,
expropriation or seizure, except when the relevant obligation originates in civilian,
business, or labor contracts.
The professors, students, and administrative employees shall participate in the
university management. Universities and superior technical education centers
which, according to law, must be State-funded, shall receive an annual allocation of
six percent of the General Budget of the Republic, which shall be distributed
according to law. The State may allocate additional contributions to cover
extraordinary expenditures of these universities and superior technical education
centers.
• Reference to art Academic freedom is guaranteed. The State promotes and protects the free creation,
• Provisions for intellectual property
• Reference to science research, and diffusion of the sciences, technology, the arts and letters, and
guarantees and protects intellectual property.

• Right to culture Article 126

It is the duty of the State to promote the recovery, development and strengthening
of national culture, sustained by the creative participation of the people.
The State shall support national culture in all its expressions, whether collective or
from individual creators.

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• Reference to art
• Right to culture
Article 127
• Provisions for intellectual property
Artistic and cultural creation is free and unrestricted. Cultural workers have full
freedom to choose forms and styles of expression. The State shall strive to provide
them with the means necessary to create and divulge their works, and to protect
their rights of authorship.

• Reference to art
• Right to culture
Article 128
The State protects the archaeological, historical, linguistic, cultural and artistic
patrimony of the nation.

TITLE VIII: THE ORGANIZATION OF THE

STATE

Chapter I: General Principles

• Claim of executive independence

• Judicial independence
Article 129
The Legislative, Executive, Judicial and Electoral Powers are independent of one
another and coordinate harmoniously, subordinated only to the supreme interests of
the nation and to what is established in this Constitution.

Article 130
• Duty to obey the constitution No office confers on its holder more functions than those provided for in the
Constitution and the laws. Any public office holder shall act in strict respect of the
principles of constitutionality and legality.
The office holders elected by the National Assembly shall continue in their functions
following the end of their term in office until their successors are elected and take
charge in conformity with the Political Constitution.
• Earnings disclosure requirement Any State official must give an accounting of his/her assets prior to assuming his/her
position and after its relinquishment. The law regulates this matter.
• Outside professions of legislators Public officials of any power of the State who are directly or indirectly elected, State
Ministers and Vice Ministers, the presidents or directors of autonomous and
government entities, and the ambassadors of Nicaragua abroad may not obtain any
concessions from the State. Neither may they act as trustees or managers of public
or private, national, or foreign enterprises when these have dealings with the State.
The violation of this provision entails the nullification of the privileges or benefits
they may have obtained and causes the loss of their representative function and
public office.
• Head of state immunity The National Assembly, by resolution approved by two-thirds of the votes of its
members, may deprive the President or the Vice-President of the Republic of his
immunity. With respect to other officials, the resolution must be approved by the
assenting vote of the majority of its members. Public officials enjoying immunity in
accordance with the Constitution may not be detained or prosecuted if the
aforementioned procedure has not been followed, except for matters relating to
family and labor rights. Immunity may be waived. This matter shall be regulated by
law.

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• Head of state immunity In cases of the removal of immunity from the President or the Vice President of the
• Supreme court powers
Republic for criminal offenses, once immunity has been removed, the Supreme Court
of Justice in plenum is competent to try them.
In all functions of the sovereign power created by this Constitution, individuals
whose relatives are closely connected with the authority making the appointment or,
where applicable, with the individual who has granted such authority, may not be
appointed. For the appointment of chief officials, the prohibition applies up to the
fourth level of consanguinity and to the second level of marital relations. The law
shall regulate this matter.
This prohibition does not include the case of appointments relating to the execution
of the Law of Civil Service and the Administrative Career, of the Academic Career, of
Judicial Career, of the Foreign Service Career, of Career in the Health Sector, of
Career in the Municipalities and other similar laws that may be dictated.

Article 131
The public officials are accountable to the people for the proper discharge of their
functions and must inform them of their official work and activities. They must pay
attention and listen to their problems and try to solve them. Public functions must be
exercised for the benefit of the people.
• Replacement of legislators The officials elected by universal suffrage on the basis of closed lists proposed by
political parties who switch their allegiance in the exercise of their functions, thus
acting contrary to the mandate conferred by the voting population at the polls, shall
forfeit their electoral mandate, with their alternate (suplente) taking over the seat.
• International organizations In the case of officials elected by popular vote on the basis of closed lists proposed by
• First chamber representation quotas
• Regional group(s) political parties in accordance with the principle of proportional representation,
deputies in the National Assembly, deputies in the Central-American Parliament,
Municipal Councilors, and Regional Councilors, the list of candidates must contain
fifty percent of male and fifty percent of male candidates, presented in a fair and
alternating order; the same relation between the sexes must be maintained between
the mandate holders and their alternates, where applicable.
The centralized, decentralized or deconcentrated Public Administration serves the
general interest with objectivity and is in its activity subject to the principles of
legality, effectiveness, efficiency, quality, impartiality, objectivity, equality, honesty,
economy, publicity, hierarchy, coordination, participation, transparency and good
governance with full submission to the State’s legal order. The law regulates the
administrative proceedings, providing the persons concerned with effective
administrative remedies, with the exceptions which it establishes.
• Establishment of administrative courts The legality of the action of the Public Administration shall be governed by the
administrative proceedings established by law and the jurisdiction of the
administrative law tribunals.
• Ultra-vires administrative actions The State shall be financially liable in conformity with the law for the damages
caused to individuals in their property, rights and interests as a consequence of
actions or omissions by public officials in the exercise of their functions, except in
cases of force majeure. The State shall recover the resulting losses from the officials
and public employees responsible for the damage. The public officials and employees
are personally responsible for the violation of the Constitution, for a lack of
administrative integrity and for any other misdemeanor or fault committed in the
discharge of their functions.
They are also responsible before the State for the damage that they may cause
through abuse, negligence, or omission in the exercise of their position. Civil
functions may not be militarized. The civil service and administrative career shall be
regulated by law.

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Chapter II: Legislative Branch

Article 132
• Secret ballot Legislative Power is exercised by the National Assembly through delegation and by
• Structure of legislative chamber(s)
• Replacement of legislators the mandate of the people. The National Assembly is composed of ninety members
• Size of first chamber
• First chamber selection (diputados) and their alternates elected by universal, equal, direct, free, and secret
• Claim of universal suffrage
suffrage through the system of proportional representation. In accordance with
what is established in the electoral law, twenty national members are elected and
seventy members in the departmental and autonomous regions.
An obligation is established to allocate sufficient percentage of the General Budget
of the Republic to the National Assembly.

• First chamber selection Article 133

The Former President of the Republic and Vice President elected by the people’s
direct vote in the immediate previous term shall also be part of the National
Assembly as regular members and alternates respectively. The candidates for
President and Vice President of the Republic who finish in second place in the
election shall be part of the National Assembly as members and alternates.

• Eligibility for first chamber Article 134

1. The following requirements must be fulfilled in order to be eligible as member of
the National Assembly:
 
a. Be a national of Nicaragua. Those who adopted another nationality must
have renounced it at least four years before the election is held.
 
b. Enjoy full exercise of civil and political rights.
 
• Minimum age for first chamber c. Be 21 years old.
 
• International organizations d. Reside continuously in the country for four years prior to the election. This
shall not be applicable to those who, during the aforementioned period,
were engaged in Diplomatic Missions, were working in International
Organizations or pursuing studies overseas. In addition, it is required to be
a native or a resident for a two-year period preceding the election date of
the Department or Autonomous Region sought to be elected for;
2. The following persons may not run for the National Assembly, as members or
alternates:
 
a. Government ministers or vice ministers, magistrates of the Judicial Power
and of the Supreme Electoral Council, members of the Superior Council of
the Office of the Controller General, the Public Prosecutor and Deputy
Public Prosecutor, the Human Rights Ombudsman and Deputy Human
Rights Ombudsman, the Attorney General, the Adjunct Attorney General
and the mayors, unless they resign the office at least 12 months in advance
of the election date.
 
b. Ministers of any religious cult, unless they have resigned at least 12 months
in advance from the election date.

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• Outside professions of legislators

• Removal of individual legislators
Article 135
No member of the National Assembly may obtain any concession from the State or
be the proxy or manager of public, private or foreign enterprises in their contracts
with the State. The violation of this rule leads to the annulment of the obtained
concessions or benefits and entails the loss of membership of the National Assembly.

• Term length for first chamber Article 136

The members of the National Assembly shall be elected for a period of five years
which shall run from their installation, on January 9th of the year following the
elections.

Article 137
The elected members of the National Assembly and their alternates shall be sworn in
by the President of the Supreme Electoral Council.
The National Assembly shall be inaugurated by the Supreme Electoral Council.

Article 138
The National Assembly has the following functions:
 
1. To prepare and approve new laws and decrees as well as to amend and
repeal existing ones.
 
2. To give an authentic interpretation of the law.
 
• Power to pardon 3. To grant amnesty and pardon on their own initiative or on the initiative of
the President of the Republic.
 
• Cabinet removal 4. To request reports from Ministers and the Deputy Ministers of the state,
• Legislative oversight of the executive
the Public Prosecutor and the Deputy Public Prosecutor, the presidents
and directors of autonomous and governmental entities which are under a
strict obligation to submit them. It may also request their personal
appearance and explanations. Their appearance shall be compulsory,
subject to the same conditions that are observed in judicial proceedings.
The unjustified non-appearance constitutes a cause for removal from
office.
 
If it is held that there is sufficient cause for initiating removal proceedings,
this decision entails the loss of immunity in those cases in which the official
concerned enjoys it.
 
If the National Assembly considers the official to be unfit for the discharge
of his/her office, it shall remove him/her from office by qualified majority of
sixty percent of its members, and informs the President of the decision so
that he/she gives effect to it within a period of three days.
 
5. To grant or cancel the juridical personality of civil associations.

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• Budget bills 6. To consider, discuss, and approve the draft of the Annual Law of the
General Budget of the Republic and to be periodically informed of its
execution in accordance with the procedure established in the Constitution
and the law.
 
• Supreme court selection 7. To elect the Judges of the Supreme Court of Justice from separate lists
proposed for every position by the President of the Republic and by the
Deputies of the National Assembly, in consultation with the relevant
civilian associations. The deadline for presenting the lists shall be fifteen
days counting from the summoning of the National Assembly for their
election. In the absence of lists presented by the President of the Republic,
the proposals by Deputies of the National Assembly shall be sufficient. Each
Judge shall be elected with the approval of at least sixty percent of the
Deputies of the National Assembly.
 
Moreover, an equal number of associate judges (Conjueces) shall be elected
subject to the same requirements and procedures which apply to the
appointment of Magistrates of the Supreme Court of Justice.
 
• Electoral commission 8. To elect the members of the Supreme Electoral Council and their alternates
• Electoral court selection
from separate lists proposed for each position by the President of the
Republic and the Deputies of the National Assembly, in consultation with
the relevant civilian associations. The deadline for presenting the lists shall
be fifteen days counting from the summoning of the National Assembly for
their election. In the absence of lists presented by the President of the
Republic, the proposals by the Deputies of the National Assembly shall be
sufficient. Each Judge shall be elected with the approval of at least sixty
percent of the Deputies of the National Assembly.
 
9. Elect with the approval of at least sixty percent of the Deputies of the
National Assembly from separate lists proposed for each position by the
President of the Republic and the Deputies of the National Assembly, in
consultation with the relevant civilian associations
 
a. The Superintendent and Deputy Superintendent of Banks and other
financial institutions.
 
• Attorney general b. The Public Prosecutor who shall be in charge of the Public Prosecutor’s
Office, and the Deputy Public Prosecutor who must fulfill the
requirements needed for a Magistrate of the Supreme Court of Justice.
 
• Protection of victim's rights The Public Prosecutor’s Office is an independent institution with
organizational, functional and administrative autonomy which has as
its mission the indictment of delinquents and the representation of the
interests of society and of the victims of crime in penal proceedings
through the Public Prosecutor. It is only subordinated to the Political
Constitution and the laws.
 
c. The members of the Superior Council of the Office of the Comptroller
General.

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• Ombudsman d. The Ombudsman and Deputy Ombudsman for the Defense of Human
Rights.
 
• Attorney general All these officials are elected for a five-year term and shall enjoy immunity.
• Ombudsman
 
• Eligibility for electoral court judges The candidates proposed for the posts mentioned in subsections 7, 8 and in
• Eligibility for head of state
the present subsection may not be bound by family ties within the fourth
level of consanguinity or the second level of marital relations to each other
or to the President of the Republic or the members of the National
Assembly nominating them, nor may they be members of the national,
departmental or municipal leadership of political parties; if they are, they
must resign from their party functions.
 
The time period for submission of the lists of candidates shall be 15 days,
starting with the date of the convening of the National Assembly for their
election. If no lists are presented by the President of the Republic, the lists
proposed by the Deputies shall be sufficient.
 
The National Assembly may convene hearings with the candidates through
special committees. The candidates must be duly qualified for the post and
their application must include the documentation which is requested from
them.
 
• Removal of individual legislators 10. To acknowledge, accept and determine the permanent absence of members
of the National Assembly. In the following cases their absence is considered
permanent and therefore entails the loss of membership status:
 
i. Resignation
 
ii. Death
 
iii. Final sentence ordering imprisonment or disqualification from the post
for an offense which is subject to tough sanction for a period of
detention equal to or longer than their remaining term.
 
• Attendance by legislators iv. Absence from the parliamentary duties for sixty consecutive days
within the same legislature without sufficient explanation given to the
Leadership Council (Junta Directiva) of the National Assembly
 
v. Violation of section 4 of Article 130 of the Constitution
 
• Outside professions of legislators vi. Acceptance of remuneration from state, regional, or municipal funds
for a position or employment in other branches of government or state
enterprises, except for teaching or medical jobs. Should a member
accept to hold a position in another branch of government, he/she may
be reinstated as member of the National Assembly only after he/she
has resigned from that other position.
 
vii. Failure to meet the obligation of declaring their assets before the
Office of the Comptroller General of the Republic at the time of
assuming office.

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• Electoral court removal 11. To acknowledge and accept resignations and to decide on the removal from
• Supreme/ordinary court judge removal
office of the officials mentioned in sections 7, 8, and 9 for the reasons and
through the procedures established by law, with at least sixty percent of
the total votes of the Deputies of the National Assembly needed if they are
to be removed from office.
 
• International law 12. To approve or reject international instruments concluded with states or
• Treaty ratification
entities which are subjects of international law.
 
Said international instruments may only be presented, discussed, approved
or rejected in total, without the possibility to make amendments or
additions to their text. The legislative approval shall give legal effect to
them, inside and outside Nicaragua, once they have entered into force
internationally through the deposit or exchange of ratifications or the
compliance with the conditions and deadlines provided for in the text of the
international treaty or instrument.
 
13. To approve any matter relating to patriotic symbols.
 
14. To create honorific orders and decorations of a national character.
 
15. To create and grant its own orders of a national character.
 
• Legislative oversight of the executive 16. To receive the annual report of the President.
 
• Leader of first chamber 17. To elect its Leadership Council.
 
• Legislative committees 18. To create permanent, special, and investigative committees.
 
19. To bestow honorary pensions (pensiones de gracia) and honors on
distinguished servants of the homeland and of humanity.
 
20. To determine the political and administrative division of the national
territory.
 
21. To consider and make recommendations about the economic and social
development policies and plans of the country.
 
• Head of state replacement 22. To fill permanent vacancies in the office of Vice President and in the offices
of President and Vice President, should these occur simultaneously.
 
23. To authorize the departure from the national territory of the President of
the Republic when this absence is longer than fifteen days, and that of the
Vice President when the President is absent from the national territory.
 
24. To receive from the judicial authorities or directly from the citizens the
charges or complaints pressed against officials enjoying immunity in order
to consider and resolve them.

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25. To approve or amend the organic law and the rules governing its
procedures.
 
26. To authorize or prohibit the departure of Nicaraguan troops from the
national territory.
 
27. To create, approve, amend, or terminate taxes and approve planned
municipal rates.
 
• Emergency provisions 28. To approve, reject, or amend the Executive Decree which declares the
• Head of state decree power
suspension of constitutional rights and guarantees or the state of
emergency, as well as their extensions.
 
• Central bank 29. To receive annually the reports from the President of the Superior Council
of the Office of the Comptroller General or from the person designated by
the Council; from the Human Rights Ombudsman; from the Public
Prosecutor; from the Superintendent of Banks and Other Financial
Institutions and from the President of the Central Bank, without prejudice
of other information that may be required from them.
 
• Attorney general 30. To ratify within a delay not exceeding fifteen working days by vote of a
• Cabinet selection
simple majority of its total membership the appointment made by the
President of the Republic to the offices of Minister and Deputy Minister of
the State, Attorney General and Deputy Attorney General, heads of
diplomatic missions and presidents or directors of autonomous and
governmental entities. The appointment is not considered as valid until the
National Assembly has ratified it. If ratification does not take place the
President of the Republic shall make a new appointment within thirty
working days; the new appointment is subject to the aforementioned
ratification procedure.
 
• Extraordinary legislative sessions 31. To hold ordinary and extraordinary sessions.
 
32. Others functions conferred on it by the Constitution and the laws.

• Immunity of legislators Article 139

Members of the National Assembly shall not be liable for opinions expressed and
votes cast in the National Assembly and enjoy immunity in conformity with the law.

• Initiation of general legislation Article 140

The right to initiate legislation belongs to:
 
1. Each of the Deputies of the National Assembly who also enjoy the right to
initiate decrees, resolutions, and legislative declarations.
 
2. The President of the Republic.

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• Electoral commission 3. The Supreme Court of Justice, the Supreme Electoral Council, the
• Electoral court powers
• Municipal government Autonomous Regional Councils and Municipal Councils in matters of their
• Supreme court powers
competence.
 
• International organizations 4. The Deputies of the State of Nicaragua in the Central-American
• Regional group(s)
Parliament. In this case they only have the right to initiate laws and
legislative decrees on matters of regional integration.
 
• Legislative initiatives by citizens 5. Citizens. In this case, the initiative shall have to be supported by a number
no fewer than five thousand signatures. Excepted are the organic laws, tax
laws, or laws of an international character and those involving amnesty and
pardons.

Article 141
• Quorum for legislative sessions The quorum necessary to hold a meeting of the National Assembly consists of half of
its total membership plus one.
To be approved, bills of law, decrees, resolutions, agreements, and declarations
require the favorable vote of the absolute majority of the Deputies present, except
in those cases where the Constitution requires another class of majority.
Every draft law shall be submitted to the Secretariat of the National Assembly
together with an explanation of its motives.
• Legislative committees Once they have been read in the plenary of the National Assembly, all draft laws
shall be sent directly to a committee.
Urgent draft legislation initiated by the President of the Republic may be
immediately submitted for discussion in plenary by the Leadership Council if the bill
has been sent to the members of the Assembly forty-eight hours in advance.
Drafts of Codes and [other] comprehensive laws may be considered and approved
chapter by chapter, if the plenary so decides.
• Legislative committees Once the decision of the Commission is received, it shall be read before the plenary
and be subject to a general debate; if it is approved, it shall be subject to detailed
debate.
• Constitution amendment procedure Once a draft law is passed by the National Assembly, it shall be sent to the President
• Approval of general legislation
of the Republic for his/her sanction, promulgation, and publication, except in those
cases which do not require such measures. The Amendments of the Constitution and
the constitutional laws and decrees approved by the National Assembly do not need
the approval of the Executive Power. In case that the President of the Republic does
not promulgate or publish the draft amendments to the Constitution or
constitutional laws; and if he/she does not approve, promulgate, or publish the other
laws within a fifteen day period, the President of the National Assembly shall order
their publication in any written social communication media entering into force on
this date without prejudice to its subsequent publication in La Gaceta, the Official
Gazette, which shall mention its publication date in the social communications
media.
• Legislative committees The laws shall be regulated if they expressly determine it. The Leadership Council of
the National Assembly shall recommend the regulation of the laws to the respective
Commission for its approval in the Plenary if the President of the Republic does not
do it within the established time limit.
The laws may be derogated or amended only by other laws and go into effect from
the day of their publication in La Gaceta, the Official Gazette, except when these
themselves establish another modality.

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When the National Assembly approves substantial reforms of the laws, it may order
that their integral text together with the amendments be published in La Gaceta, the
Official Gazette, except for amendments to the Codes.
The legislative initiatives presented in a legislature and not submitted for debate
shall be considered in the subsequent session. Those which may have been debated
may not be considered in the same legislature.

• Approval of general legislation Article 142

The President of the Republic may veto totally or in part a draft law within the
fifteen days following its receipt. If the President of the Republic does not exercise
this power nor sanction, promulgate, or publish the bill, the President of the National
Assembly shall order the law to be published in any national written diffusion media.
In case of a partial veto, the President of the Republic may introduce modification or
suppressions in the provisions of the law.

• Veto override procedure Article 143

A draft law which has been vetoed in total or in part by the President of the Republic
shall be returned to the National Assembly with an indication of the reasons which
have motivated the veto.
The National Assembly may reject the total veto by a number of votes exceeding half
of its total membership, in which case the President of the Republic shall order the
publication of the law.
In the case of a partial veto the latter must indicate the reasons for each of the
vetoed articles. The National Assembly may, by vote of more than half of its
members, reject the veto for every single article, in which case the President of the
National Assembly shall order the publication of the law.

Chapter III: Executive Branch

• Designation of commander in chief

• Name/structure of executive(s)
Article 144
The Executive Power is exercised by the President of the Republic, who is Head of
State, Head of Government, and Supreme Head of the Army of Nicaragua.

• Deputy executive Article 145

The Vice President of the Republic fulfills the functions mentioned in this Political
Constitution and those delegated to him/her by the President of the Republic either
directly or by law.
• Head of state replacement In addition, the Vice President shall replace the President’s in his/her functions in the
case of a temporary or permanent absence.

• Head of state selection Article 146

• Secret ballot The election of the President and Vice President of the Republic takes place by
• Claim of universal suffrage
universal, equal, direct, free and secret vote. Those who receive a relative majority of
the votes cast shall be elected.

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In the case of resignation, permanent absence or permanent incapacity of any of the

candidates for President or Vice President of the Republic during the electoral
process the political party which nominated them shall designate an alternate
candidate or candidates.

• Deputy executive
• Eligibility for head of state
Article 147
In order to be eligible as President or Vice President it is necessary:
 
1. To be a national of Nicaragua. Those who adopted another nationality must
have renounced it at least four years before the election is held.
 
2. To fully enjoy one’s civil and political rights.
 
• Minimum age of head of state 3. To be at least twenty-five years old.
 
• International organizations 4. To reside continuously in the country for four years prior to the election;
this does not apply to persons who during the aforementioned period were
engaged in diplomatic missions, were working in international
organizations or were pursuing studies overseas.
The following persons may not run for President or Vice President of the Republic:
 
a. Family members within the fourth level of consanguinity or the second
level of marital relations of the person who exercises or has exercised the
full powers of the presidency at any time during the period in which the
election for the following term takes place.
 
b. Persons who lead or finance a coup d’état or alter the constitutional order
and, as a consequence of such actions, assume the leadership (Jefatura) of
the Government ministeries or deputy ministeries, or leading positions in
other branches of government.
 
c. Ministers of any religious faith unless they have renounced its practice at
least twelve months prior to the election.
 
d. The President of the National Assembly, the ministers or vice ministers of
the Government, magistrates of the Supreme Court of Justice and of the
Supreme Electoral Council, the members of the Superior Council of the
Office of the Comptroller General Office, the Public Prosecutor, the
Deputy Public Prosecutor, the Attorney General and the Deputy Attorney
General, the Human Rights Ombudsman and the Deputy Human Rights
Ombudsman and the Mayors, unless they have resigned from office twelve
months in advance of the election date.

Article 148
The elected President and the Vice President of the Republic shall assume their
functions before the National Assembly, in solemn session, and shall be sworn in by
the President of the National Assembly.

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• Head of state immunity The President and the Vice President shall exercise their functions for a period of
• Head of state term length
five years counting from their assuming office on the tenth of January of the year
following their election. During this period they shall enjoy immunity, in accordance
with the law.

Article 149
The President of the Republic may leave the country during the exercise of his/her
functions for a period no longer than fifteen days without any authorization. For a
period which is longer than fifteen days but shorter than thirty days prior
authorization of the National Assembly shall be required. In this latter case the Vice
President shall take over the governmental functions of the Presidency.
The President of the Republic may also leave the country for a period no longer than
three months with the permission of the National Assembly as long as he/she
empowers the Vice President to be the Chief of State, but should the absence of the
President exceed three months, whatever the reason, he/she shall lose the position
by virtue of that fact alone, unless the National Assembly should consider it a matter
of force majeure and extend its permission for a prudent period.
The absence from the country by the President of the Republic without
authorization by the National Assembly for a period mandating such authorization
or for a period longer than authorized shall be considered as abandonment of office.
In case of the temporary absence of the President of the Republic, the Vice President
may not leave without the prior authorization of the National Assembly. The absence
without this authorization shall be considered abandonment of office.
Should the Vice President of the Republic be absent from the country and the
President of the Republic should also have to leave the national territory in the
exercise of his/her position, the corresponding Minister shall assume the
administrative functions according to the order of legal precedence.
In no case may a President of the Republic, who may have pending [a] criminal charge
involving more than a correctional penalty, leave the country.
The following situations are considered as cases of temporary absence from office of
the President of the Republic:
 
1. Temporary absences from the national territory for longer than fifteen
days;
 
2. The temporary impossibility or incapacity to exercise the his/her functions,
determined by the National Assembly and approved by two-thirds of the
Deputies.
In addition to what is established by the present article, the following situations are
considered as cases of permanent absence from office of the President and Vice
President of the Republic:
 
a. Death.
 
b. Resignation, when accepted by the National Assembly.
 
c. Total permanent incapacity determined by the National Assembly and
approved by two-thirds of the Deputies.
In case of the temporary absence of the President of the Republic, the Vice President
shall assume the functions.

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In case of a simultaneous temporary impossibility or incapacity of the President and

the Vice President, the office of the President of the Republic shall be assumed on an
interim basis by the President of the National Assembly. While exercising the office
of the President of the Republic on an interim basis, he/she shall be replaced by the
First Vice President of the National Assembly.
• Head of state replacement Should the President of the Republic be permanently absent, the Vice President shall
assume the office for the rest of the term and the National Assembly shall elect a
new Vice President.
In case of permanent absence of the Vice President of the Republic, the National
Assembly shall appoint the person who shall substitute him/her.
• Head of state replacement Should the absence of the President and Vice President of the Republic be
permanent, the President of the National Assembly or whoever is replacing the
latter shall assume the office of the former. The National Assembly shall appoint
whoever must replace them within the first seventy-two hours from the occurrence
of the vacancies. Those appointed in this manner shall exercise their functions for
the rest of the term.
In all the cases mentioned, the National Assembly shall elect the replacements from
among its members.

• Head of state powers Article 150

The President of the Republic has the following functions:
 
• Duty to obey the constitution 1. To comply with the Political Constitution and the laws and to make the
officials depending on him/her comply with them as well.
 
2. To represent the nation.
 
• Approval of general legislation 3. To exercise the power of initiating legislation and the right of veto, in
• Initiation of general legislation
conformity with the provisions of this Constitution.
 
• Head of state decree power 4. To issue executive decrees of general application on administrative
matters.
 
• Budget bills 5. To prepare the draft of the General Budget of the Republic and to present it
to the National Assembly for its consideration and approval, to authorize it
and publish it once it has been approved.
 
• Attorney general 6. To appoint and remove from office Ministers and Vice Ministers of State,
• Cabinet removal
• Cabinet selection Attorney General and Deputy Attorney General, directors of autonomous
and governmental entities, heads of diplomatic missions and heads of
special missions. The appointments must be presented within three days to
the National Assembly for their ratification and shall not be considered
valid until the National Assembly approves them. The officials are removed
from office in those cases in which the National Assembly has so decided in
the exercise of its powers.
 
• Extraordinary legislative sessions 7. To request the President of the National Assembly to call special sessions
• Leader of first chamber
during the recess period of the National Assembly in order to legislate on
urgent matters of the Nation.

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• Foreign affairs representative 8. To direct the international affairs of the Republic. To negotiate, conclude
• International law
• Treaty ratification and sign treaties, covenants, or agreements and other instruments
provided for in section 12 of Article 138 of the Political Constitution, [and
submit them] to the National Assembly for approval.
 
• Emergency provisions 9. To decree and implement the suspension of rights and guarantees in the
cases provided by this Political Constitution, and to send the corresponding
decree to the National Assembly within a period not exceeding
seventy-two hours for its approval, modification, or rejection.
 
10. To implement laws by issuing the required regulations within a period not
exceeding sixty days.
 
11. To grant honorific orders and decorations of a national character.
 
12. To organize and direct the Government.
 
13. To direct the economy of the country, determining its policy and
socio-economic program.
 
To create a National Social Economic Planning Council which supports
him/her in determining the economic and social policy of the country. In the
Council business, labor, cooperative, and other organizations to be
determined by the President of the Republic shall be represented.
 
• Attorney general 14. Submit to the National Assembly proposals or lists with three names
• Electoral commission
• Electoral court selection (ternas), as the case may be, for the election of the magistrates of the
• Supreme court selection
Supreme Court of Justice, of the Supreme Electoral Council, of the
members of the Superior Council of the Office of Comptroller General, of
the Superintendent and Deputy Superintendent of Banks and Other
Financial Institutions, of the Public Prosecutor and the Deputy Public
Prosecutor.
 
• Legislative oversight of the executive 15. To present to the National Assembly the annual report and other reports
and special messages.
 
16. To provide the officials of the Judicial Power with the necessary support to
make their decisions effective without any delay.
 
17. Others functions conferred by this Constitution and the laws.

• Establishment of cabinet/ministers Article 151

• Powers of cabinet The number, organization, and authority of the Ministries of State, of the
autonomous and governmental entities, and of State banks and other State financial
institutions shall be determined by law. The Ministers and Vice Ministers enjoy
immunity.
• Head of state decree power The decrees and decisions of the President of the Republic must be countersigned by
the Ministers of State of the respective branches, except for those agreements that
refer to the appointment or removal of Ministers or Vice Ministers of State.

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The Council of Ministers shall be headed by the President of the Republic and, in
his/her absence, by the Vice President. The Council of Ministers shall consist of the
Vice President of the Republic and the Ministers of State. Its functions are
determined by the Constitution.
• Cabinet removal The Ministers and Vice Ministers of State and the presidents or directors of
autonomous or governmental entities shall be personally responsible for the actions
that they may have signed or authorized and jointly responsible with those who
endorsed or agreed with the President of the Republic or with other Ministers of
State.
• Legislative oversight of the executive The Ministers and Vice Ministers of State and the presidents or directors of
autonomous or governmental entities shall provide to the National Assembly the
information that it may request relative to the business of their respective branches,
whether in written or verbal form. They may also be taken to account by resolution
of the National Assembly.

• Eligibility for cabinet Article 152

To be eligible for appointment as minister, vice minister, president or director of
autonomous and governmental entities, ambassadors and superior chiefs of the
army and police, candidates must meet the following requirements:
 
1. Be a national of Nicaragua. Those who adopted another nationality must
have renounced it at least four years before the appointment date.
 
2. Be in full possession of their political and civil rights.
 
3. Be at least twenty-five years old.
 
• International organizations 4. Reside continuously in the country for four years prior to the appointment
date. This shall not be applicable to those who during the aforementioned
period were engaged in Diplomatic Missions, were working in International
Organizations or pursuing studies overseas.
Not eligible as ministers, vice ministers, presidents or directors of autonomous or
governmental entities, heads of diplomatic missions and heads of special missions
shall be:
 
a. Those who simultaneously hold another position in any of the other
branches of government.
 
b. Those who have collected or administered public or municipal funds and
have not been exonerated for their fiscal management.
 
c. Default debtors on debts of the Public Treasury.
 
d. Those covered by section 7 of Article 130 of this Constitution.

Article 153
Ministers, Vice Ministers and presidents or directors of autonomous and
governmental institutions are responsible for their acts in conformity with the
Constitution and the laws.

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Chapter IV: Of the Office of the Controller General of the

Republic

Article 154
The Office of the Controller General of the Republic is the directing organism of the
control system of the Public Administration and of the auditing of the government’s
properties and resources. The Superior Council of the Office of the Controller
General is herewith created to manage the same. It shall be composed of five
proprietor members and three substitutes elected by the National Assembly for a
five-year term, during which they shall enjoy immunity. The sole and exclusive
function of the substitutes is to replace temporal absences of the proprietors. Its
exercise requires previous appointment of the substitute member by the Proprietor
member to be replaced.

Article 155
The following corresponds to the Office of the Controller General of the Republic:
 
1. To establish a system of control which ensures the appropriate use of
government funds in a preventive manner;
 
2. Subsequent control over the management of the General Budget of the
Republic;
 
3. The control, examination, and evaluation of the administrative and financial
management of the public entities, those subsidized by the State, and public
or private enterprises with participation of public capital.

Article 156
The Office of the Controller General is an independent organism, subject only to
compliance with the Constitution and laws; it enjoys functional and administrative
autonomy. The National Assembly authorizes the audits of its management.
The Office of the Controller General shall make public the results of its
investigations, and should penal responsibilities be presumed, it shall send its
investigation to the Tribunals of Justice, being considered an accessory should it fail
to do so, to the offenses later determined committed by those under investigation.
The President and Vice President of the Superior Council of the Office of the
Controller General shall be elected from among the members of the Superior
Council. The election shall be made by the Members by majority of votes and for a
one-year term. They may be reelected. The President of the Superior Council or the
person appointed by him/her from among the Members of the Council shall report
on the management of the entity to the National Assembly, each year or when the
latter requires it; this duty must be performed personally by either the President or
the appointed member.

Article 157
The law shall determine the organization and functioning of the Office of the
Controller General of the Republic.

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Chapter V: Judicial Branch

Article 158
Justice emanates from the people and shall be carried out in their name and
delegation by the Judicial Power, composed of the Courts of Justice that the law
establishes.

• Structure of the courts Article 159

• Protection of judges' salaries The courts of law form a unitary system whose highest organ is the Supreme Court
of Justice. The Judicial Power shall receive no less than four percent of the General
Budget of the Republic. There shall be Courts of Appeal, District Judges and Local
Judges whose organization and functioning shall be determined by law. The Judicial
Career shall be established and regulated by law.
• Establishment of military courts The jurisdictional competence of trying and executing decisions belongs exclusively
to the Judicial Power. Military tribunals shall only consider strictly military offenses
and crimes, without prejudice to the petitions and appeals before the Supreme Court
of Justice.

Article 160
The administration of justice guarantees the principle of legality; it protects and
safeguards human rights and guarantees access to justice through the application of
the law in cases and proceedings falling within its jurisdiction.
The administration of justice recognizes the citizens’ participation through the
traditional leaders of the original tribes of the Caribbean Coast and the Judicial
Facilitators in the whole country as alternative means of access to justice and
dispute resolution in conformity with the law.
• Establishment of administrative courts A jurisdiction for administrative law disputes is established to examine the ordinary
legality in cases of a general or of a special nature brought by those affected by
administrative action against any acts, resolutions, general provisions, omissions or
factual conduct of the Public Administration. The jurisdiction in administrative law
disputes is exercised by the judicial bodies determined by law and in the final
instance by the Chamber for Administrative Law Disputes in the Supreme Court of
Justice.

• Attorney general
• Eligibility for supreme court judges
Article 161
• Eligibility for ordinary court judges
In order to be eligible as a magistrate in the courts of laws the following
requirements have to be met:
 
1. To be a national of Nicaragua. Those who adopted another nationality must
have renounced it at least four years in advance of the election date.
 
2. To be a lawyer of recognized morality, to have held judicial office or
exercised the profession for at least 10 years or to have been a Magistrate
in the Courts of Appeal for five years, at the time of seeking to be a
Magistrate in the Supreme Court of Justice.
 
3. To be in full possession of one’s political and civil rights.

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• Minimum age of supreme court judges 4. To be thirty-five years old and no older than seventy-five years on the day
• Minimum age of ordinary court judges
of election.
 
5. Not to have been suspended from the exercise of the legal or notary
profession by a final judicial decision.
 
• Restrictions on the armed forces 6. Not to be a member of the military on active duty or, being so, not to have
resigned at least twelve months prior to the election; this shall not apply to
the appointment of judges and magistrates of the military jurisdiction.
 
• International organizations 7. Reside continuously in the country for four years prior to the election date,
except those who, during the aforementioned period, were engaged in
diplomatic missions, were working in International Organizations or
pursuing studies overseas.

• Supreme court term length

• Supreme court term limits
Article 162
• Supreme/ordinary court judge removal
The term of the magistrates of the Supreme Court of Justice is five years. They can
only be removed from office for causes provided for in the Constitution and the law.
The magistrates of the Supreme Court of Justice enjoy immunity.

• Supreme court selection Article 163

• Supreme court term length The Supreme Court of Justice shall consist of sixteen magistrates elected by the
National Assembly for a term of five years.
• Constitutional interpretation The Supreme Court of Justice shall be composed of Chambers which shall consists of
no less than three magistrates each, for terms of two and a half years, namely: the
constitutional chamber, the civil, penal and administrative law chambers and the
others determined by law. Their organization and composition shall be agreed by the
magistrates, according to the stipulations established by law in this matter. The
magistrates sitting in each chamber shall elect by majority vote their President for a
term of two and a half years. The Court in full attendance shall hear and resolve the
petitions of unconstitutionality, the disputes concerning distribution of powers and
constitutionality between the branches of government, and disputes on
constitutionality between the central government and the municipal governments of
the Autonomous Regions on the Caribbean Coast.
The National Assembly shall appoint each Associate judges. If any of the magistrates
does not show up, is excused or is prevented from sitting for personal involvement or
disqualification, the associate judges shall be called to serve in full court, in any of the
Court’s chambers or in the National Council for Judicial Administration and Career.
The magistrates of the Supreme Court take office before the National Assembly,
after having been sworn in. They elect their President and Vice President among
themselves, by a majority of votes cast and for a term of two and a half years. They
may be reelected.

• Supreme court powers Article 164

The Supreme Court of Justice has the following functions:
 
1. To organize and direct the administration of justice.

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• Right to appeal judicial decisions 2. To consider and determine ordinary and extraordinary remedies against
decisions of the courts of law of the Republic in accordance with the
procedures established by law.
 
• Right to amparo 3. To consider and determine amparo proceedings brought for violation of the
rights established in the Constitution in accordance with the Law on
Constitutional Justice.
 
• Constitutional interpretation 4. To consider and determine applications for judicial review of the
constitutionality of laws.
 
• Supreme/ordinary court judge removal 5. To appoint and discharge the Magistrates of the Appellate Courts with the
• Establishment of military courts
• Ordinary court selection assenting vote of sixty percent of its members in accordance with the
Judicial Service Career Law, and to appoint the members of the Military
Tribunals in conformity with the Organic Law on Military Tribunals.
 
6. To rule on requests of extradition of citizens of other countries and to deny
those of nationals.
 
• Supreme/ordinary court judge removal 7. To appoint or dismiss the Secretary of the Supreme Court of Justice, the
Ombudspersons and judges in the whole country in accordance with the
Constitution and the Judicial Service Career Law.
 
8. To authorize the execution of sentences pronounced by foreign courts.
 
9. To consider and resolve in final instance administrative conflicts between
organs of the public administration and between the latter and individuals.
 
10. To consider and resolve in final instance disputes that may occur between
municipalities or between them and organs of the Central Government.
 
11. To adopt its internal regulations.
 
12. Other functions conferred upon it by the Constitution and the laws.

• Establishment of judicial council Article 165

A National Council for Judicial Administration and Career is created as a body of the
Supreme Court of Justice and is provided with technical and functional autonomy to
exercise the competence to coordinate, plan and execute the administrative and
financial policy of the Judicial Power, direct the Judicial Career and consider,
investigate and resolve violations of the disciplinary regime committed by members
of the profession and judicial career officials. The Council shall consists of four
magistrates of the Supreme Court of Justice, including its President which shall chair
it, as the President of the Supreme Court of Justice is in charge of the administrative,
legal and institutional representation of the Judicial Power. The remaining three
members shall be elected with the favorable vote of the majority of the members of
the plenary of the Supreme Court of Justice.
The members of the Council do not form part of any of the chambers of the Court
and dedicate themselves exclusively to these functions during their term which shall
run for two years and a half, save for sitting as members of the full Court, and may in

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no case be replaced by magistrates sitting in any of the chambers.

The Council shall sit with a minimum of three of its members and shall adopt
decisions with a majority of their votes.
The Council has the following functions:
 
1. To plan and execute the administrative policy of the Judicial Power, to draft
its budget, submitting it to the full Court for approval, and to monitor and
supervise the execution of the latter.
 
2. To approve the appointment, transfer or dismissal of the administrative
staff of this Power of the State in conformity with the law, as well as to
define the general policies of staff management.
 
3. To appoint the General Administrative Secretary, and to organize and
control the administrative dependencies of the Judicial Power.
 
4. To supervise the administrative functioning of the Public Registries of Real
and Commercial Property, and of the common service offices.
 
5. To appoint forensic physicians, agents in judicial proceedings, and public
registrars of real and commercial property in accordance with the relevant
law.
 
6. To instruct, consider and resolve the complaints concerning light, grave and
very grave disciplinary offences by forensic physicians, agents in judicial
proceedings, and public registrars of real and commercial property, and to
impose the sanctions established by the relevant law.
 
7. To instruct, consider and resolve the complaints concerning light and grave
disciplinary offences by Ombudspersons, judges and magistrates of
Appeals Courts, imposing the sanctions provided for by the Judicial Service
Career Law and the relevant regulations.
 
8. To instruct the charges and complaints concerning very grave offences by
Ombudspersons, judges and magistrates of Appeals Courts, and to submit
to the Supreme Court of Justice the results of the investigations and the
respective recommendations.
 
9. To submit to the full Court the lists of candidates for filling vacancies in
appeals courts, district and local courts, both for the office holders and their
alternates, in accordance with the provisions of the Judicial Service Career
Law.
 
10. To organize and direct the proceedings for the incorporation and conferral
of the titles of Advocate and Public Notary, and to grant authorization for
the exercise of the professions of advocate and notary, as well as to
suspend and to rehabilitate them in conformity with the law.
 
11. All other functions assigned to it by law.

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Article 166
• Duty to obey the constitution In their judicial activity Magistrates and Judges are independent and have to obey
• Right to counsel
• Judicial independence only the Constitution and the law; they shall be governed by, among others, the
principles of equality, swift proceedings and right to defense. In Nicaragua justice is
free of charge and public.
The administration of justice shall be organized and shall function with popular
participation as determined by the laws.

Article 167
State authorities, organizations, natural and legal persons have to comply strictly
with the decisions and sentences of the courts and the judges addressed to them.

Chapter VI: Electoral Branch

• Referenda Article 168

The organization, management and oversight of elections, plebiscites and
referendums belongs exclusively to the electoral branch.

Article 169
The electoral branch is composed of the Supreme Electoral Council and other,
subordinate electoral organisms.

• Electoral commission
• Electoral court selection
Article 170
The Supreme Electoral Council is composed of seven members and three alternates,
elected by the National Assembly, according to subsection 8 of Article 138.
The members of the Supreme Electoral Council shall elect its President and its Vice
Presidents from its middle. Their office term is one year, and they may be reelected.

• Eligibility for electoral court judges Article 171

In order to be eligible as a magistrate of the Supreme Electoral Council, it is
necessary:
 
1. To be a national of Nicaragua. Those who adopted another nationality must
have renounced it at least four years in advance of the date of the election
for office;
 
2. To be in full possession of one’s civil and political rights;
 
• Minimum age of electoral court judges 3. To be at least thirty-six years old but no older than seventy-five years on
the day of election;
 
• International organizations 4. Reside continuously in the country for four years prior to the election. This
shall not be applicable to those who, during the aforementioned period,
were engaged in Diplomatic Missions, were working in International
Organizations or pursuing studies abroad.

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Not eligible as magistrates of the Supreme Electoral Council are:

 
a. Family members within the fourth level of consanguinity or the second
level of marital relations of the candidates for President and Vice President
of the Republic.
 
In case of having already been elected before the presidential elections,
he/she shall be involved and for this reason shall be inhibited from exercise
during the entire electoral process and shall have to induct a substitute.
 
b. Those who hold positions of popular election or may be candidates in any of
them.
 
c. Functionaries or employees of another Power of the State in positions paid
out of the fiscal funds, regional or municipal, except for those related to the
profession of teaching or medicine.
 
• Restrictions on the armed forces d. Soldiers in active service or those who, though no longer active, did not
resign at least twelve months prior to the election.
 
e. Abrogated.

• Electoral court term length Article 172

The Magistrates of the Supreme Electoral Council exercise their functions for a
period of five years from the time they take office; during this period they enjoy
immunity.

• Electoral commission
• Electoral court powers
Article 173
The Supreme Electoral Council has the following functions:
 
• Referenda 1. To organize and direct the elections, plebiscites, or referenda that are held
in accordance with the provisions established in the Constitution and the
laws.
 
2. To appoint the members of the other electoral bodies in accordance with
the Electoral Law.
 
3. To prepare the election calendar.
 
4. To apply the constitutional and legal provisions relating to the electoral
process.
 
5. To consider and to resolve in final instance the resolutions dictated by the
subordinate electoral bodies and the claims and charges that political
parties may present.
 
6. To take in accordance with the relevant law the appropriate measures so
that the electoral process may take place in full liberty.

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7. To request from the appropriate organs security measures for the political
parties taking part in the elections.
 
• Referenda 8. To undertake the final count of the votes cast in the elections, plebiscites
and referenda, and to make the final announcement of the results.
 
9. To adopt its own rules of procedure.
 
10. To organize under its authority the Central Register of the Civil Status of
Persons, the certification of citizenship, and the electoral census.
 
• Restrictions on political parties 11. To confer the juridical personality of political parties on groups which meet
the requirements established by law.
 
• Restrictions on political parties 12. To cancel the juridical personality of the political parties that have not
• Regulation of political parties
obtained at least four percent of the total valid votes in the general
elections, and cancel or suspend it in the other cases established by the
relevant law.
 
13. To monitor and resolve disputes concerning the legitimacy of the
representatives and the leaders of political parties and concerning the
fulfillment of the legal provisions that refer to the political parties, their
statutes, and regulations.
 
14. The other functions assigned to it by the Constitution and the laws.
No appeal, ordinary or extraordinary, shall lie against the decisions taken by the
Supreme Council on electoral matters.

Article 174
The magistrates of the Supreme Electoral Council and their alternates shall assume
their functions after they have been sworn in by the President of the National
Assembly.

TITLE IX: POLITICAL ADMINISTRATIVE

DIVISION

• Municipal government Chapter I: Of Municipalities

Article 175
The national territory shall be divided for the purpose of its administration into
departments, autonomous regions of the Atlantic Coast, and municipalities. The
relevant laws shall determine their creation, extension, number, organization,
structure, and the functioning of the various territorial units (circumscripciones).

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Article 176
The municipality is the basic unit of the political-administrative division of the
country.

Article 177
Municipalities possess administrative and financial autonomy. The municipal
authorities are responsible for their administration and management.
Autonomy neither exempts nor inhibits the executive branch nor the other branches
of government from their obligations and responsibilities with the municipalities.
The obligation to assign a sufficient percentage of the General Budget of the
Republic to the municipalities of the country, which shall be distributed giving
priority to the municipalities with less capacity for revenues, is established. The
percentage and their distribution shall be determined by law.
Autonomy is regulated according to the Law of Municipalities, which shall require for
its approval and amendment the favorable vote of an absolute majority of the
Deputies.
The municipal governments have competence in matters affecting the
socio-economic development of their administrative unit. Regarding contracts which
regulate the efficient exploitation of natural resources located in their municipality,
the State shall request and take into account the opinion of municipal governments
prior to their authorization.
The law of municipalities shall include, among other aspects, the municipal powers,
the relations with the central government, with the indigenous peoples of the entire
country, and with all authorities of the State, as well as the inter-institutional
coordination.

Article 178
• Secret ballot The Mayor, the Vice Mayor, and the Councilors shall be elected by the people by
• Claim of universal suffrage
means of a universal, equal, direct, free, and secret vote in accordance with the law.
Those candidates who have obtained the relative majority of the votes shall be
elected Mayor and Vice Mayor. The Councilors shall be elected on the basis of
proportional representation, in accordance with the electoral quotient. The term of
the municipal authorities shall be five years, starting with their inauguration before
the Supreme Electoral Council.
The nomination for the posts of Mayor and Vice Mayor must be based on the
principle of the equal and fair treatment of the sexes in the exercise of local power,
as one of them must be a woman and the other a man, respecting the proportionality
between the two sexes. The political parties and electoral alliances must present in
their list of candidates for Mayor, Vice Mayor and Councilors fifty percent of men
and fifty percent of women.
To be eligible as Mayor, the following qualifications are required:
 
1. To be a Nicaraguan national.
 
2. To be in full possession of one’s civil and political rights.
 
3. To be at least twenty-one years old.

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4. To have resided or worked continuously in the country for four years prior
to the election; this shall not apply to those who were engaged in diplomatic
missions or pursuing studies abroad; in addition, to have resided
continuously in the last two years in the municipality in which the candidate
tries to get elected.
The Councilors, Mayor, and Vice Mayor may lose their position for the following
reasons:
 
a. Resignation of the position.
 
b. Death.
 
c. Final sentence of imprisonment or disqualification from office on account
of a crime subject to a severe penalty for a period equal to or longer than
the rest of their term.
 
d. Relinquishment of the functions for sixty continuous days.
 
e. Violation of section 4 of Article 130 of the Constitution.
 
f. Failure to meet the obligation of declaring one’s assets before the Office of
the Comptroller General of the Republic at the time of assuming office.
 
g. Having been declared liable for the mismanagement of municipal funds
(fondos de la Alcaldía) by a decision of the Office of the Comptroller
General of the Republic.
In the case of sections (d) and (e), the competent Municipal Council shall pass a
resolution declaring that the Mayor or the Councilor has been involved in a situation
which causes him/her to be removed from office.
This resolution or the public or authorized documents that substantiate the
circumstances mentioned in the other subsections shall be transmitted to the
Supreme Electoral Council together with the name of the alternate who shall take
over, which shall be the Vice Mayor when the Mayor is replaced, or any of the
elected Councilors when the Vice Mayor is replaced, or the request to declare one of
the alternates elected Council member in case a Councilor is replaced.
The Supreme Electoral Council shall swear them in and introduce them into their
functions within a period not exceeding fifteen days.
The restrictions applying to the employment of the Councilors in the municipal
administration and the regime of allowances shall be regulated by law.

Article 179
The State shall promote the integral and harmonious development of the diverse
parts of the national territory.

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Chapter II: Communities of the Atlantic Coast

Article 180
• Right to culture The communities of the Caribbean Coast Carribbean Coast have the inalienable
• Inalienable rights
• Indigenous right to self governance right to live and develop themselves under the forms of political-administrative,
social and cultural organization that correspond to their historic and cultural
traditions.
• Secret ballot The members of Autonomous Regional Councils shall be elected by the people by
• Indigenous right to vote
• Indigenous right to self governance universal, equal, direct, free and secret vote for a term of five years, in conformity
• Claim of universal suffrage
with the law.
• Indigenous right to vote The State guarantees these communities the benefits of their natural resources, the
• Indigenous right to self governance
• Ownership of natural resources effectiveness of their forms of communal property and the free election of their
authorities and representatives.
• Right to culture Furthermore, it guarantees the preservation of their cultures and languages,
• Protection of language use
religions and customs.

• Indigenous right to self governance Article 181

The State shall organize by means of a law the regime of autonomy for the
indigenous peoples and ethnic communities of the Atlantic Coast, which shall have to
contain, among other rules: the functions of their government organs, their relation
with the Executive and Legislative Power and with the municipalities, and the
exercise of their rights. This law shall require for its approval and reform the majority
established for the amendment of constitutional laws.
• Ownership of natural resources The concessions and contracts of rational exploitation of the natural resources
granted by the State in the Autonomous Regions of the Atlantic Coast must have the
approval of the corresponding Regional Autonomous Council.
The members of the Regional Autonomous Councils of the Atlantic Coast can lose
their condition for the reasons and procedures established by law.

TITLE X: SUPREMACY OF THE

CONSTITUTION, ITS REFORM AND
CONSTITUTIONAL LAWS

Chapter I: Of the Political Constitution

• International law
• Legal status of treaties
Article 182
• Constitutionality of legislation
The Political Constitution is the Fundamental Charter of the Republic; all other laws
are subordinate to it. Any laws, treaties, orders or provisions that oppose it or alter
its provisions shall have no value.

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Article 183
No power of the State, governmental organism or functionary shall have any
authority, faculty or jurisdiction other than those conferred by the Political
Constitution and the laws of the Republic.

Article 184
The Electoral Law, the Emergency Law and the Law on Constitutional Justice are
constitutional laws which are enacted under the authority of the Political
Constitution of Nicaragua.

• Emergency provisions
• Head of state decree power
Article 185
The President of the Republic, in the Council of Ministers, can decree, for the totality
or part of the national territory and for a given time subject to extension, the
suspension of rights and guarantees when the security of the nation, the economic
conditions, or some national catastrophe demand it. The Law of Emergency shall
regulate its modalities.

• Emergency provisions Article 186

The President of the Republic may not suspend the rights and guarantees
established in Articles 23; 24; 25, no. 3; 26, no. 3; 27; 29; 33, nos. 2.1 (final part), 3
and 5; 34, except nos. 2 and 8; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 46; 47; 48; 50;
51; 56; 57; 58; 59; 60; 61; 62; 63; 64; 65; 67; 68, first section; 69; 70; 71; 72; 73; 74;
75; 76; 77; 78; 79; 80; 81; 82; 84; 85; 87; 89; 90 and 91.

Chapter II: Constitutional Control

• Constitutionality of legislation Article 187

An application for judicial review of any law, decree or regulation that is
incompatible with the Political Constitution may be brought by any citizen.

• Right to amparo Article 188

The writ of Amparo may be used to challenge any provision, act or resolution and
more generally any action or omission of any official or authority or one of the agents
of the latter who is violating or trying to violate the rights and guarantees affirmed in
the Political Constitution.

• Protection from unjustified restraint Article 189

The writ of habeas corpus may be used by anyone whose liberty, physical integrity or
security is being violated or is in danger of being violated.

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• Constitutionality of legislation Article 190

The following writs and procedures of constitutional review are also established:
 
1. The writ of habeas data as guarantee for the protection of personal data
stored in archives, registries, data banks and other storage media of a
public or private character whose publicity constitutes an invasion of
privacy and is of relevance for the processing of sensitive data of persons in
their private and family life. The remedy of habeas data is available to any
person who wants to know by whom, when, for what purpose and in what
circumstances his personal data were used and became the object of
unwarranted publicity.
 
2. The dispute on jurisdiction and constitutionality between the powers of the
State. The representatives of the powers of the State initiate a dispute on
jurisdiction and constitutionality if they consider that a law, decree,
regulation, act, resolution or provision of another body invades its distinct
area of competence.
 
3. The review of constitutionality in an individual case as an incidental control
mechanism. If in a case pending before a judicial authority the latter
considers that a provision on whose validity the outcome of the case
depends is contrary to the Constitution, it must proceed to the declaration
of its unconstitutionality in the case at hand. The parties to the proceedings
may apply for a declaration of unconstitutionality of a provision which is
applicable to the case. The judicial authority must issue a ruling on the
issue, either accepting or rejecting the claim of unconstitutionality.
 
4. The disputes on constitutionality between the Central Government and the
Municipal Governments of the Autonomous Regions of the Caribbean
Coast.
The Law on Constitutional Justice shall regulate the remedies and mechanisms
established in this chapter.

• Constitution amendment procedure Chapter III: Constitutional Reform

Article 191
The National Assembly has the authority to partially reform this Political
Constitution and to consider and decide on initiatives for its total revision.
The right to initiate a partial reform belongs to the President of the Republic or to
one- third of the members of the National Assembly.
Half of the total membership of the National Assembly plus one are required to
initiate a total reform.

Article 192
A proposal for partial reform must specify the article or articles to be amended with
a statement of the reasons for the modification. The proposal must be sent to a
special commission which shall issue an opinion within a period of no more than sixty
days. The reform initiative shall then follow the same process as the enactment of a
statute.

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A proposal for partial reform must be discussed in two sessions of the National
Assembly.

Article 193
The initiative for a total reform of the Constitution shall follow the process
established in the previous article with regard to its presentation and explanation.
Upon the approval of the initiative for a total reform, the National Assembly shall fix
the period in which the elections to a National Constituent Assembly have to be held.
The National Assembly continues its mandate until the installation of the new
Constituent National Assembly.
Until a new Constitution has been approved by the Constituent National Assembly,
this Constitution shall remain in effect.

Article 194
Approval of a partial reform shall require a favorable vote by sixty percent of the
members of the National Assembly. Two-thirds of the total membership are required
to approve a total reform. The President of the Republic shall promulgate the partial
reform and in this case may not exercise the right to veto.

Article 195
The reform of constitutional laws shall be made in accordance with the procedure
established for partial reform of the Constitution, with the exception of the
requirement of discussion in two legislative sessions.

TITLE XI: FINAL AND TRANSITIONAL

PROVISIONS
• Transitional provisions

SOLE CHAPTER

Article 196
This Constitution shall apply from the time of its publication in La Gaceta, Diario
Oficial, and repeals the all other legal provisions inconsistent with it.
The existing legal order continues to apply to the extent that it is not contrary to the
present Constitution.

Article 197
This Constitution shall be widely disseminated in the official language of the country.
It shall also be disseminated in the languages of the communities of the Atlantic
Coast.

Article 198
[Repealed by Law No. 854]

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Article 199
[Repealed by Law No. 854]

Article 200
[Repealed by Law No. 854]

Article 201
[Repealed by Law No. 854]

Article 202
For official copies of this Constitution shall be signed in four copies by the President
and the members of the National Assembly and by the President of the Republic.
They shall be kept in the offices of the Presidency of the National Assembly, the
Presidency of the Republic, the Presidency of the Supreme Court of Justice and the
Presidency of the Supreme Electoral Council, and each one shall be considered as an
authentic text of the Political Constitution of Nicaragua. The President of the
Republic shall publish it in La Gaceta, Diario Oficial.

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Topic index

Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39, 42

Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 35, 37, 42, 43, 46

Balanced budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27, 34, 42

Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 42, 44

Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 42
Central bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 37
Claim of executive independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Claim of universal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 32, 39, 53, 55
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Conditions for revoking citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 57
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47, 48
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55, 56, 57

Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40

Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22, 39
Duty to obey the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 42, 50
Duty to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Earnings disclosure requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Economic plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 26
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 38, 43, 50, 51
Electoral court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 51
Electoral court removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Electoral court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 43, 50
Electoral court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Eligibility for electoral court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 50
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 40
Eligibility for ordinary court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 43, 56

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Equality for persons with disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Equality regardless of creed or belief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of financial status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 14
Equality regardless of language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 21
Equality regardless of nationality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of parentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of political party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Equality regardless of social status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Establishment of administrative courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 46
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Establishment of military courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 46, 48
Extradition procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 42

First chamber representation quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 17

General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 14

God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Head of state decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 42, 43, 56

Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31, 41
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 39, 42
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 6, 11, 19

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Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Inalienable rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 8, 9, 20, 25, 55
Indigenous right to self governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 21, 55
Indigenous right to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 42
Integration of ethnic communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
International human rights treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 18
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6, 8, 13, 14, 16, 18, 22, 36, 43, 55
International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 7, 31, 32, 38, 40, 44, 47, 50

Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 50

Jury trials required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 15

Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 42

Legal status of treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 38
Legislative initiatives by citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 38
Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 36, 43, 44
Limits on employment of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Mentions of social class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 23

Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Minimum age of electoral court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Minimum age of ordinary court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Minimum age of supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Municipal government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 52

Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
National capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Official religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

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Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 33, 35

Ownership of natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 55

Political theorists/figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 6
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 12
Privileges for juveniles in criminal process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibition of capital punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Prohibition of corporal punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection from false imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 14, 56
Protection of consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 26
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 25, 26
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Protection of language use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 21, 55
Protection of stateless persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 13
Protection of victim's rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 34
Provision for civil marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Provision for matrimonial equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Provisions for intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
Provisions for wealth redistribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Radio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 21, 29, 30
Reference to country's history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Reference to fraternity/solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 5, 6, 16, 18
Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 20, 28, 29
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 50, 51, 52
Regional group(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6, 8, 31, 38

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Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Regulation of political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 35
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 32
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 14
Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Restrictions on political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Restrictions on rights of groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Restrictions on the armed forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22, 47, 51
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15
Right of petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Right to academic freedom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Right to amparo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 14, 48, 56
Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12, 48
Right to choose occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to competitive marketplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 50
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 15, 20, 21, 29, 30, 55
Right to development of personality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Right to enjoy the benefits of science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to equal pay for work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Right to establish a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 25
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to form political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Right to found a family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 18
Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 25
Right to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 17
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to marry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 13, 25
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to protect one's reputation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 23, 28
Right to rest and leisure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 19
Right to safe work environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Right to self determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Right to shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to transfer property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 19

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Rights of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Rights of debtors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 32, 39, 53, 55

Separation of church and state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
State operation of the media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 16
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Supreme court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 38, 47
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 43, 47
Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Supreme court term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 47, 48

Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 43
Trial in native language of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Ultra-vires administrative actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

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