Sposoby obejścia konstytucyjnego zakazu reelekcji — kazus Nikaragui
The exclusion of the constitutional ban against reelection — example of Nicaragua
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The Nicaraguan Constitution of 1987 in its original version guaranteed the free presidential re-election. The limits clause has been introduced by the amendment of 1995. Daniel Ortega who returned as the president in 2006 was directly interested in removing the restriction. The Sandinista National Liberation Front has no required majority in Parliament to carry out the amendment procedure. They seek the alternative solution, such as judicial instrument. The Nicaraguan Supreme Court sentence emitted on 19th of October 2009, declared the inapplicability of 147 of ConstitutionThe way to unlimited re-election has been opened. The purpose of the article is to analyse the process of changes of Nicaraguan Constitution between 1995 and 2014, regarding the re-election clause. The judicalization of this process shall be emphasized. In particular, the author will present legal analyse of both sentences of Nicaraguan Supreme Court (i.e.emitted in October 2009 and September 2010)It will be assessing in the context of the president-election’s regulation in Latin America presidentialism.
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