La reforma constitucional de 1995. El proceso de institucionalización en Nicaragua

Abstract

The Nicaraguan Constitution makes no distinction between constituent power and power reform. This causes constitutional mutations. The project analyses how the constitutional reform process from 1995 was able to manifest the difficulty of establishing State of Law rules in a political process. We analyze the laws and decree issued by the Legislative and Executive branches to the constitutional reforms of 1991, 1993 and 1995 to the decisions of the Supreme Court of Justice. The project shows the challenging road towards the institutionally in Nicaragua that is produced in a scene of post war and in the middle of fractionation for both the Sandinista National Liberation Front as well as the coalition of National opposition. Our analysis shows that the constitutional reform of 1995 could have been the stabilization of a constitutional system but in reality what it did was open up to new conflicts. In addition, the prior constitutional mutation need to be analyzed in the frame of phenomenology in which the country is headed towards.