Constitution of Nicaragua

The Constitution of Nicaragua was reformed due to a negotiation of the executive and legislative branches in 1995. The reform of the 1987 Sandinista Constitution gave extensive new powers and independence to the National Assembly, including permitting the Assembly to override a presidential veto with a simple majority vote and eliminating the president's ability to pocket veto a bill. Both the president and the members of the unicameral National Assembly are elected to concurrent five-year terms.

The Nicaraguan Constitution promulgated on January 1, 1987 provided the final step in the institutionalization of the Sandinista regime and the framework under which the Chamorro government would take office. It was the ninth constitution in Nicaraguan history. The Sandinistas' revolutionary mythology and aspirations were glorified in the preamble, and the Nicaraguan Army was constitutionally named the Sandinista People's Army. Yet, even though drafted and approved by a Sandinista-dominated assembly, the constitution was not a revolutionary document.

It established a democratic system of government with a mixed economy based on a separation of powers that could guarantee civil liberties. There was some discontent with parts of the new system. Early objections were raised that the executive branch was too strong, that property rights were not adequately protected, and that some of the language was vague and subject to widely differing interpretations. These objections continued to be an issue under the Chamorro government.

The constitution provides for a strong executive branch, although the legislative and judicial branches retain significant powers of their own. Under the constitution, the president has broader powers than does the president of the United States. The president is commander in chief of the military, has the power to appoint all ministers and vice ministers of his or her cabinet, and proposes a national budget.

The executive shares legislative powers that allow him or her to enact executive decrees with the force of law in fiscal and administrative matters, as well as to promulgate regulations to implement the laws. The president assumes legislative powers when the National Assembly is in recess. He or she has extraordinary powers during national emergencies, including the powers to suspend basic civil liberties and to prepare and approve the national budget.

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