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Is President Ortega’s Third Term Unconstitutional?

Article Summary:

La Prensa Nicaragua’s Headline reads: Ortega, Unconstitutional President; the daily newspaper has summoned experts to comment on the third term of President Ortega, specifically focusing on its legality and if indeed the president is serving a conditionally approved third term.

Original Article Text From La Prensa Nicaragua via Google Translate :

Ortega, President Unconstitutional

Illegal and illegitimate, and qualified experts in constitutional law from the government to exercise today Daniel Ortega Saavedra, who enters his third term as president thanks to a “false statement” issued by magistrates in fact related to his government.

The jurist and philosopher Alejandro Serrano Caldera said that the problem of the Ortega government is illegal, and that could only have been legalized and legitimized amending section 147 of the Constitution by a partial reform of the Constitution, which the Sandinista Front did not able to achieve over five years in office.

“One thing is clear breach of Article 147 of the Constitution which has two prohibitions: one to be a candidate in two successive periods, and two, be reelected more than once and that article is in effect, because the Constitution states that only can alter alter or amend an article in accordance with the procedure established by the Constitution, any other body empowered to modify, amend or declare unenforceable an article in the Constitution, “said Serrano Caldera.
The lawyer explains that the Supreme Court alone has the power to declare unconstitutional ordinary legislation.
For his part, Carlos Tünnermann lawyer also said that “for me would be an illegitimate government in the sense that his candidacy expressly contradicts an article of the Constitution which provided for a double prohibition could not suppress a ruling by the Supreme Court (CSJ ) which is not empowered to amend the Constitution, nor to declare unenforceable a section of the same on the basis of a false argument. ”

The argument of the Supreme Court to declare unconstitutional section 147 is that by prohibiting the president’s reelection, he violated the rights, however, Tünnermann explained that although there is a constitutional provision which states that all Nicaraguans are equal before the law and we all have the same political rights, the Court forgot that the Constitution says that equality exists subject to the limitations set out therein “and in this case the limitation is Article 147.”

Future rugged
Serrano Caldera said that even though the elected opposition members took up their positions in the National Assembly, not legitimize the election of Ortega. “Certainly the country has entered a path institutionally very complicated, very rough in which legal acts are conspicuous by their absence,” he said.

Cairo Manuel Lopez, a constitutional law expert, said that Nicaragua will have a bleak future in terms of democracy and institutions, because of the illegality of his mandate. “I always said that the bid was illegal, illegitimate and unconstitutional. Ortega leads to an erosion of the rule of law and undermines the democratic game, “said Lopez.
For Lopez, the concentration of powers in contrast to what Ortega says the Constitution, which seeks the distribution and division of powers. “It’s a bleak picture in terms of democracy and economic development,” said Lopez.

Fabio Gadea salaried calls to the streets
Fabio Gadea, former candidate for President of the Republic by the PLI Alliance, said the new presidential term Ortega consolidate a dictatorship that already exists and will keep the country in distress. He also urged to take to the streets demanding rights, but peacefully.

“They have deceived the country with fraud, a people can not remain calm, there will be anxiety and unrest”, said after hearing a report by the Movement for Nicaragua, on electoral fraud occurred in November 2011.

Also ensures that there must be public pressure on the streets, but in a civic because “we do not want armed struggle to come to another dictator, this government is the product of an armed struggle repudiate weapons, we want peaceful struggle in the streets “reaffirmed.

The jurist Alejandro Serrano Caldera said that due to the origin of the illegality of the government of Daniel Ortega, in this new period, the crisis of the opposition is growing. An example is what happened yesterday in parliament. On the other hand, said that civil society action accrues possibly the largest presence in political life but also because there are contradictions arising from the unconstitutionality of the process. For Serrano Caldera government’s strategy is to follow Daniel Ortega somehow performing the same actions and further strengthen its power in controlling the power, control the local power and seek to give an organ of State Power Councils City (CPC), without ruling out a reform of the constitution.

Link to Original Article:

From La Prensa Nicaragua

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