Jurisprudence Law at Nicaragua
Nicaragua's legal system is a civil law tradition deeply rooted in its Constitution, statutes, and judicial practices. While jurisprudence (case law) plays a role, it is secondary to written law.
⚖️ Legal Foundations
Nicaragua's legal framework is primarily based on:
Constitution: The 1987 Constitution (amended in 2005) is the supreme law, establishing a unitary, sovereign, and indivisible state committed to human dignity, justice, and the rule of law .
Legislation: Laws passed by the National Assembly are the principal source of law.(Constitute Project)
International Treaties: Once signed by the President and approved by the National Assembly, treaties become part of the legal system .(GlobaLex)
Jurisprudence: Judicial decisions guide interpretation but do not create binding precedent.
🏛️ Court Structure
Nicaragua's judiciary is a unitary system with the Supreme Court of Justice at its apex. It includes:
District and Local Courts: Handle civil, criminal, labor, family, and juvenile cases.(Chambers)
Appeals Courts: Review decisions from lower courts.
Supreme Court of Justice: The highest authority, responsible for constitutional interpretation, judicial appointments, and ensuring compliance with the Constitution .
📜 Sources of Law
Nicaragua's legal system recognizes several sources of law:
Legislation: Primary source; laws are enacted by the National Assembly.
Constitution: Supreme law; all other laws must conform to it.(GlobaLex)
Treaties: International agreements become part of domestic law upon approval.
Jurisprudence: Judicial decisions serve as interpretative guides but are not binding precedents.
Customs and Usages: Recognized in commercial law, especially in the Civil and Commercial Codes .
⚖️ Role of Jurisprudence
While judicial decisions are important for interpreting laws, they do not create binding precedents. Article 25 of the Civil Procedure Code and Article 18 of the Organic Law of the Judicial Branch state that in the absence of applicable law, judges should refer to general legal principles, legal doctrine, and jurisprudence .(GlobaLex)
🧭 Constitutional Control
The Supreme Court of Justice exercises constitutional control through:(GlobaLex)
Unconstitutionality Actions: Citizens can challenge laws or acts that violate the Constitution.(GlobaLex)
Amparo: Protects individuals against acts that infringe constitutional rights.
Habeas Corpus: Safeguards personal liberty .(GlobaLex)
🛡️ Recent Legal Developments
In late 2024, the Nicaraguan government introduced "special development regimes," creating zones with distinct legal frameworks, often with limited transparency. These zones, intended to attract foreign investment, have raised concerns about sovereignty and legal oversight .(El País)
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