The Scientific Journal of Social Studies (RCES) of the Faculty of Legal Sciences, Humanities and International Relations of the American University, is a biannual publication, collects the results of the research work of national and foreign professors and jurists who are of interest to the academic community. The RCES is aimed at disseminating scientific information from research in the sciences of law, education and international relations.
Educommunication and Learning in the Digital Age: Transforming Virtual Education Environments
This paper explores the importance of communication in Virtual Learning Environments (VLE), where technologies, digital resources, and didactic methods are fundamental to facilitate learning. It highlights the relationship between human communication and education, underlining how virtual environments foster interaction and knowledge construction through interaction between participants, materials, and tutors. It focuses on audiovisual communication, which, by integrating images, text and audio, supports active and meaningful learning. Different approaches to online learning are presented, highlighting asynchronous and synchronous modalities, and how instructional design (such as the ADDIE model) enhances the effectiveness of communication in these environments. Communication is viewed as a complex, interdisciplinary process, and its relationship to the processes of understanding and learning, which are fundamental to knowledge construction, is explained. The concepts of interaction and interactivity in VLE are also examined, highlighting their importance in motivation and effective learning. Finally, Educommunication, which combines education and communication, is addressed, using digital technologies to create participatory and meaningful learning environments. The role of the online tutor is key to guide and support students, promoting effective communication and autonomous learning within these environments. The paper concludes with the importance of multimedia resources and interaction in VLEs, in addition to presenting the ADDIE model as an effective tool for instructional design and improving communication in virtual educational environments.
Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
The path as facilitators of the Alternative to Violence Program of students deprived of liberty at CAI, Jorge Debravo
The Alternative to Violence Program (AVP) in Costa Rica has been implemented since the 1990s thanks to the Center for Peace Studies Foundation, with the purpose of promoting a more peaceful society. The AVP uses a participatory methodology focused on issues such as self-esteem, cooperation and conflict management, enabling people to transform their lives and their environment. An important milestone was the training of students deprived of their liberty to become AVP facilitators. Thanks to the collaboration with the UNED Student Ombudsman's Office, in December 2023, a group of inmates from the CAI Jorge Debravo were enrolled in the basic module of the program. Subsequently, in March 2024, they received training as facilitators, and in July 2024 they delivered their first training, marking a historic event. This article highlights the transformative capacity of the AVP, demonstrating that change is possible, even for those who have lived in contexts of violence.
Reflections on limitations to access to justice for maintenance creditors in Jalisco, Mexico
This mixed and descriptive study highlights the problems faced by creditors and representatives in the processing of maintenance proceedings, reflects the difficulties faced by the actors involved in the proceedings and their limited access to justice.
Climate change and its Influence on the right to water in Mexico
Climate change in Mexico significantly and multifacetedly affects the human right to water, altering its quality, availability, and distribution. Prolonged droughts, decreased precipitation, and reduced river and aquifer flows are increasingly frequent phenomena that compromise the availability of this vital resource. The growing vulnerability of water resources to extreme climate events, such as droughts and floods, not only directly impacts the quantity and quality of water but also puts the basic rights of entire communities at risk, intensifying inequality and water insecurity. This study aims to comprehensively analyze the effects of climate change on the availability and quality of water in Mexico, as well as to propose adaptation mechanisms to mitigate these adverse effects. The need for greater training and regulatory adaptation is highlighted to ensure the effectiveness of these measures. The methodology employed includes a detailed review of scientific and legal literature, a critical analysis of current public policies, and specific case studies in various regions of the country. Additionally, the implementation of green contracting is examined, an approach that incorporates environmental criteria into public procurement processes, promoting sustainable practices in the use of water resources. The results reveal that green contracting can be an effective mechanism to protect the right to water by fostering resilient and sustainable practices in the face of the challenges posed by climate change.
Power Politics in the Israeli-Palestinian War: A Classical Realist Approach in International Relations
Recognized as one of the most enduring conflicts of the 20th and 21st centuries, the Israeli-Palestinian case is deeply rooted in territorial and religious disputes, which intensified on the international stage following the Second World War. This article analyzes the conflict through the lens of classical realism, examining its historical evolution, power asymmetries within the international system, and the role of both internal and external actors. Through a theoretical and documentary approach, the study assesses the involvement of the United Kingdom, the United States, and the United Nations Security Council, and offers a forward-looking analysis of Palestine’s recognition as a state actor. It concludes that the realist school of International Relations has predominated in the conflict, emphasizing the primacy of the interests of both internal and external actors. Furthermore, the study applies Galtung’s (2016) typology of violence, distinguishing between direct, structural, and cultural forms of violence. The findings also reveal the inefficacy of the UN Security Council, shaped by its structure, historical foundations, and the use of veto power. Finally, the article identifies future prospects for the recognition of Palestine’s statehood and the role of the international community. The arguments presented support the assertion that such recognition is pivotal for advancing a sustainable and effective resolution to the conflict.
Challenges and Opportunities: An Analysis of the Implementation of Distance Legal Education in Peru
The impact of information and communication technologies in higher education is examined, highlighting their identification during the COVID-19 pandemic. The research focuses on the Universidad Continental de Perú, Huancayo campus, where several distance education modalities were adopted in the Law program. Using a mixed methodological approach, surveys were conducted with teachers and students, and an exhaustive bibliographic review was carried out. The main findings reveal a generalized acceptance of information and communication technologies, although challenges remain, such as the lack of understanding of pedagogical models and the need for continuous training for teachers. The conclusions highlight that, although distance education offers flexibility and accessibility, it requires a significant methodological change to be truly effective, and its integration must be complemented with face-to-face to maximize learning.
Continuous Training Strategy to improve office skills in Communication Teachers, UNAN-Managua
This scientific article presents the application of a teacher training strategy designed to improve the office skills of teachers in the Communication for Development program at the National Autonomous University of Nicaragua, Managua (UNAN-Managua). The study was carried out using a quasi-experimental pretest-posttest design with a mixed approach, combining quantitative and qualitative methods to evaluate the impact of the intervention. Data were collected through structured surveys, direct observation, and performance analysis before and after training. The results showed significant improvements in the use of technological tools such as Office 365 and institutional platforms, optimizing the academic and administrative management of teachers. For the application of this training strategy, the Competency-Based Learning (CBL) model was used, which allowed participants to strengthen fundamental skills to perform their functions more efficiently in a digital environment. The quantitative data analysis reflected an increase in the mastery of digital tools, while the qualitative findings showed greater confidence and autonomy in the integration of technology into teaching practice. The training also contributed to improving institutional planning and the professional development of teachers, aligning with the National Education Strategy “Blessings and Victories” 2024-2026, promoted by the Government of Reconciliation and National Unity.
Information and Communication Technology
Towards The Revolutionary Rule Of Law In Nicaragua
This article, using a historical-dogmatic method, aims to present the evolution of the rule of law in Nicaragua. From its inception in the Federal Republic of Central America, the 1824 Constitution already incorporated fundamental principles such as the recognition of basic rights, the rule of law, the separation of powers, and the accountability of officials. These principles were also addressed in the 1826 Constitution, and beginning with the 1838 Constitution, the conception of the State as a political body organized into three branches of government and governed by the principle of administrative legality was consolidated. This evolution intensified with the 1893 Constitution, which introduced secularism and constitutional oversight mechanisms. The Sandinista Popular Revolution promoted the transformation toward a Social State of Law, integrating individual, civil, political, economic, social and cultural rights and, above all, introducing participatory democracy. This process is reflected in the 1987 Constitution, with its respective reforms, which help shape the Revolutionary State of Law, characterized by the predominance of direct democracy, coordination between state bodies and the transformation of social rights to guarantee equality and combat poverty.
Understanding Multipolarity: Key Concepts in Russian and Chinese Thought (1997–2024)
In this part of the 21st century we are facing a historic change. The global hegemony of the United States is countered by the idea of multipolarity or a multipolar world order. Its main exponents are Russia and China, countries that have experienced a series of falls and rises in their recent history and are now proposing the lines of a new world order based on ideas and values opposed to those from the United States.
The truth and opinions of social media users about criminal cases in Argentina
From an analysis of three articles of great importance written by Friedrich Nietzsche, Michel Foucault and Rubén H. Pardo refers to each author's conception and evolution of the truth and how it is reached. The purpose of comparing these and integrating the thought of current society in general and which is the actual conception of truth that this one has in a context of social media feedback on cases related to criminal law and with great relevance to all Argentinian nation during the year 2023 in Facebook and Instagram. From this study, It will be proved that current society uses social punishment as a means to get to its truth regardless of criminal justice actions, being communication media and social media is are very relevant and influential factor in opinion formers. Likewise, the high level of aggressiveness towards users whose comments differ from a majority-accepted opinion will be denoted, giving rise to the production of a "binomial" made up of two opposite sets of opinions and their punishment towards those users who do not conform to the dominant position, showing impunity of expression behind a device or keyboard.
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The originality test in works created during the era of generative AI: the role of instructions (prompts) in copyright and the fate of the “old school” author
Generative Artificial Intelligence (AI) has important implications for copyright law. In particular, the question has arisen to what extent the use of prompts can give rise to protection for the output of AI tools. Taking the criteria for copyright protection in the European Union and the United States of America as starting points, this article analyzes decided cases in both jurisdictions, as well as a pilot case in China, and predicts that, in the near future, courts are likely to attribute copyright protection to natural persons in works created through the use of prompts, on a case-by-case basis. Generative AI makes it impossible to determine whether a work, on its face, is sufficiently human-authored to be protected by copyright. Given the risk of strategic behavior by private parties who do not disclose the use of AI or who rewrite prompts ex post, judges will necessarily have to move away from the implicit assumption that what appears creative, must have had a human author who made creative choices. It is likely that (alleged) authors will increasingly be required to prove that they made such choices. This, in turn, risks raising the burden of proof for old-school authors who do not use AI.
Autonomous learning in the face of the evolution of study modalities in higher education in Nicaragua
The evolution of autonomous learning due to the demands of new technologies and information in education. Exploring new trends in instructional design that encourage unlimited content and directions in learning, self-assessment and the use of cognitive activities that support a meaningful, collaborative, and experiential learning process. The essay also highlights the importance of autonomous and self-directed learning, which allows students to understand their cognitive and socio-affective processes. It discusses the importance of considering student learning styles, including visual, auditory, kinesthetic, and reading/writing when designing learning strategies. Finally, the essay emphasizes study modalities in higher education, including e-learning, m-learning, and b-learning, which combine elements of traditional and online learning methods. The essay concludes with the importance of teachers' and students' active and dynamic participation in using various technological tools that facilitate the learning process.
The Cerebral Subject: Epistemological Challenges in the Age of Neuroscience
The introduction of the concept of the "cerebral subject" has revolutionized the understanding of subjectivity within the social sciences. This essay explores how neuroscience has transformed this understanding by contrasting traditional epistemologies with new neuroscientific perspectives and evaluating their methodological and ontological implications. The essay addresses criticisms of biological reductionism and neurological determinism and the challenges and opportunities presented by integrating neuroscience into studying human behavior. Finally, it proposes an integrative approach that balances biological and sociocultural influences in the understanding of the human subject. This approach enriches theoretical analysis within the social sciences and provides a more robust foundation for developing methodologies that reflect the complexity of human behavior. In doing so, it advances a deeper and more rigorous understanding of subjectivity, which is essential for addressing contemporary challenges in social research.
Innovation in teaching practices and development of digital competencies at Jean Jacques Rousseau University
This article examines the implementation of innovative teaching practices at Jean Jacques Rousseau University (UNIJJAR) to develop key digital competencies in students. Through a comparative analysis of successful cases at leading universities such as Stanford, Harvard, and Cambridge, methodologies such as project-based learning (PBL) and the flipped classroom are explored, highlighting their effectiveness in improving academic performance and digital literacy. The results suggest that integrating emerging technologies such as artificial intelligence and augmented reality can transform higher education, making it more interactive and personalized. The study also addresses a legal gap in Nicaraguan legislation related to the regulation of technology use in higher education, proposing pedagogical solutions. Significant challenges were identified, such as the need for investment in technological infrastructure and continuous teacher training. Creating a pedagogical innovation center at the university is recommended to lead the adoption of new technologies and educational methodologies, along with implementing a continuous evaluation system that allows teaching practices to be adjusted and optimized based on feedback from students and faculty. The effective application of these recommendations will prepare students for an increasingly digitalized and competitive job market.
Continuing education in education: evolution, models and digital skills
This article explores the evolution of continuing education, highlighting its importance for the professional development of teachers in the context of rapid technological advances and social changes. A literature review analyses various theoretical models, such as TPACK, Competency-Based Learning (CBL), and others, that integrate digital, emotional, and social competencies in teacher training. The study highlights challenges in implementing continuing education, such as lack of resources, resistance to change, and variability in the quality of training programmes. NVivo software was used to systematically analyze qualitative data, identifying five key models: Wilkerson's Triad, Kay's TPACK, Tondeur's SQD, and Albion et al. The results suggest an evolution, toward more complex and multidimensional approaches that recognize the interdependence of technical and pedagogical competencies with positive attitudes, toward technology. Finally, recommendations are presented to improve continuing education, emphasizing the need for institutional support, developing digital skills, and promoting a culture of continuous learning. These conclusions underline the importance of adopting adaptive strategies that respond to the changing needs of teachers and promote quality education in an increasingly digital environment.
The debtor's delay: legal implications of obligation breach
The recognition and analysis of the different theories developed in Latin America on the institution of the mora; we identify the system that embraces our Civil Code. Article 1859 of the Civil Code is analyzed, which delimits the figure of the debtor's default, the analysis includes incorporating different expert criteria; as well as resolutions of the Supreme Court of Justice that have been contested with the provisions of the law and the contributions of the doctrine. The study also incorporates the analysis of commercial defaults. It is concluded that the Civil Code is based on the recognition of the default after interpellation of the debtor; but in a sui generis way, stipulating exceptions; recognizing that in bilateral services of simultaneous performance, it will be in default when the other party does not comply with what is due.
Conceptual structuring of corporate legal risk: a doctrinal and hermeneutic analysis
The paper focuses on a conceptual and technical analysis regarding the structuring and conceptualization of business legal risk, this from a corporate perspective, but with a link to its management from the legal area, considering for these purposes the variables and factors that creates the concept and its practical use in companies. A hermeneutical analysis of the different convergent theories in the epistemological structuring of the concept of the legal-business risk variable is detailed, addressing in turn the branches of Law and their link to the management of lucrative business operations.
Labor Inclusion of Women in Public Administration
This study investigates the employment inclusion of women in public institutions within the province of Cañar, Ecuador, focusing particularly on the equitable allocation of managerial positions. Utilizing a quantitative approach, historical methods were employed to delineate the evolution of women's labor rights, alongside analytical methods to assess current data from five selected public institutions. The findings reveal variability in gender representation: men predominate in terms of overall employment and in managerial roles in three out of five institutions. However, in the education sector and the hospital examined, women not only constitute the majority of the workforce but also predominantly occupy senior positions. These results suggest that while progress towards gender equity has been made in some areas, significant gaps remain that require targeted attention and renewed government policy efforts. This analysis underscores the necessity for more robust and effective policies to promote true gender equity in public administration, not only to uphold social justice principles but also to enhance administrative effectiveness and social development. The equitable inclusion of women at all levels of public administration is presented as both an ethical imperative and an urgent need for comprehensive societal progress.
Copyright (c) 2024 Scientific journal of social studies https://creativecommons.org/licenses/by-nc-sa/4.0
White-collar crimes: Execution of sentences
White-collar crimes, characterized by their commission by individuals of high social and economic status, represent a significant problem in modern justice. Unlike conventional crimes, white-collar crimes broadly impact the social and economic structure, involving not only isolated individuals but society as a whole. This study employs a qualitative-descriptive approach to examine the incidence, characteristics, and repercussions of these crimes, using recent scientific articles from Latin American countries and Spain as primary sources. Key terms include "media," "offender profile," and "sociological theories," and the analysis is enriched with contributions from classic theorists such as Becker, Foucault, and Zaffaroni. Additionally, high-profile cases like the Once tragedy in Argentina are examined, which illustrate the complexity of effectively attributing and sanctioning these criminal behaviors. The findings indicate that there is a great difficulty in establishing a clear link between the criminal action and its consequences, which, coupled with the media representation that often minimizes these acts, results in a low frequency of convictions. The study concludes that the lack of recognition of the severity of these crimes and their differential treatment due to the influence and power of the offenders perpetuates disparities in the application of justice, underscoring the need for reforms in the perception and legal approaches toward white-collar crimes.
Initial investigation and the equality of the parties within the mexican criminal process
It is based on the premise that equality between the parties is an essential principle of criminal procedure that seeks to guarantee a fair and equitable trial for all parties involved. Therefore, it is analyzed how this principle is fulfilled in practice, taking as an example the judicial districts VII and XII of the state of Jalisco in Mexico. To this end, a study with a qualitative approach is carried out, through the review of Mexican legislation on criminal matters and the participation of litigants and public ministries of the study area is analyzed, which shows the lack of equality between the parties in the initial research phase. It is concluded that, although the Mexican adversarial criminal system has equality between the parties as one of its fundamental principles, in practice there are inequalities in the initial investigation stage, where the defense has limitations in access to information and resources, which generates an asymmetry in the criminal process. Finally, with this study, a reform to articles 218 and 219 of the National Code of Criminal Procedures is proposed as one of the possible solutions to the problem, to achieve equality between the parties in the initial investigation stage, in which it is established clearly the scope of the rights and obligations of the defense at this stage and thus guarantee their access to the information and resources necessary for an effective defense.
Curricular innovation and interdisciplinarity in action: a case study in secondary education
This study examines the implementation of Integrated Teaching Units (ITUs) at a Managua private school, addressing the Nicaraguan curriculum's traditional structure, which is based on separate subjects and contents. The main goal was to analyze the experience of four secondary school teachers during a pilot test conducted in the second semester of 2022, using a qualitative approach and the case study method. The sources of information included the four teachers, documents from the design of the ITUs, meeting minutes, and classroom observation guides, utilizing semi-structured interview techniques and document analysis. The results revealed three main themes: teaching practices, interdisciplinarity, and the development of teaching competencies. Despite initial challenges and confusion among students, collaborative planning highlighted teaching practices that facilitated curricular integration, promoted transparency in evaluation, and improved student learning. Interdisciplinarity, although challenging, resulted in motivated students and enriched teachers through the incorporation of new elements into the classes. Additionally, strengthening of generic competencies among teachers was observed, thanks to joint planning and teamwork, enhancing communication and fostering trust.
The evolution and normative recognition of the right to freedom of expression in the Nicaragua legal system
The research addresses the legal protection of the right to freedom of expression in Nicaraguan constitutional history from the 19th century to the present day, making a detailed study of the political constitutions that Nicaragua has had as a Republic. It is important to note that the prevailing instability in all legal, political, and institutional processes are the points of agreement found in this constitutional analysis, in addition to the systematic and uniform constitutional treatment given to this right.
Ethics and Law: The Intersection of Utilitarianism and Animal Interests
This article aims to analyze how ethics, from the perspective of utilitarianism, has raised the question of animal welfare, the human-animal relationship and the moral reflections around it, as well as how it is understood. as a moral commitment and its impact on the law. From this starting point, it begins by talking about ethical debates and subsequently makes an analysis of utilitarianism and ethics from the point of view of three authors: Jeremy Bentham, John Stuart Mill, and Peter Singer thus, finally, we focus on Singer's work in relation to practical ethics and positions regarding human-animal – non-human animal treatment, deducing from it a particular vision that is predominant in current Colombian law. It is also proposed to criticize the utilitarian theory, which however has been the starting point of modern legislation in its commitment to recognize some rights of non-human animals. Due to this position, we currently have concepts such as animal welfare and sentience that were incorporated into the Colombian legal system through the Constitutional Court's decisions and by the legislator's provision in Law 1774 of 2016. The methodology is qualitative using the descriptive method. and hermeneutic, since it makes a general assessment of the main themes, while proposing new reading formulas from an ethical and legal perspective that contribute to solutions in understanding human-animal relationships. Finally, it is important to clarify that, although in practice the human is an animal, the meaning used in this writing will be human to refer to the human animal and animal to refer to the non-human animal.
Innovative Education: ChatGPT and the Right to Social Security in Nicaragua
In Nicaragua, the teaching of Social Security Law has lacked an interdisciplinary approach and the incorporation of technologies. This article proposes the feasibility of integrating artificial intelligence obstacles in its implementation, and offering recommendations for its integration into curricula. The incorporation of ChatGPT could be beneficial to improving the quality of education in the Nicaraguan legal field; however, a significant challenge is highlighted in awakening students' interest in its use. The introduction of ChatGPT in the teaching of Social Security Law complements the teaching work and improves the learning process of students, representing an opportunity to enhance the quality of education in Nicaragua. These results suggest the importance of adopting innovative technologies in legal education to improve student training and keep up with advances in the field of artificial intelligence.in the teaching of this subject to contribute to the improvement of student learning. A mixed approach, combining quantitative and qualitative data, was used to evaluate the impact of ChatGPT on learning, identifying
Ethical and Legal Reflections on the Impact of Armed Conflict on Colombian Biodiversity
The interconnection between armed conflict and biodiversity has revealed significant environmental consequences. The lack of specific legal consideration during and after the conflict has left biodiversity vulnerable, affecting the community as a whole. This article examines the environmental degradation generated by illegal activities and the indiscriminate use of natural resources. One of the main contributors to this damage in our ecosystem is the fumigation strategy to combat drug trafficking. Through qualitative research, the results demonstrate that in the Colombian context, legislation and government policies have the potential to transform the historical relationship towards a more ethical and respectful one. Legal evolution could position the country as a leader in animal protection and environmental sustainability in Latin America. This transformation would not only benefit the environment but also strengthen social cohesion and sustainable development in the country.
The names of States in International Relations: officiality, formality, and patterns of composition
This paper offers a general review of the names of States as a subject of study of great interest for fields of knowledge in which this issue is relevant, as in International Relations and diplomacy. It is a subject with various facets and that presents complexities that are not always evident, which, consequently, justifies their study and analysis, not only from an academic perspective, but also because they are useful in practical terms. From an exploratory perspective, the fundamental aspects of this object of study, located at the crossroads between geography, political science and linguistics, are taken into account. For this purpose, its main concepts of this matter are reviewed —particularly those of officiality and formality— and a categorization of the formal names of the States is proposed based on the elements that compose them. It is hoped that this contribution, raised from the point of view of the Spanish language, will create new bases for future developments in this field of study that, by necessity, must be multidisciplinary.
First contributions to the debate on China's Belt and Road Initiative in Latin America
When China invited Latin American countries to participate in the Belt and Road Initiative, it fueled expectations of a much closer and more productive relationship with the region. However, in practice, there is little evidence that this happened even before the coronavirus pandemic. The article shows that neither China’s policy statements nor trends in economic relations indicate a substantial change in Sino-Latin American relations and that the Belt and Road Initiative represents a rethinking of existing relations and the continuation of trends that have been underway since the global financial crisis.
Service-Learning: Analysis of the first workshop to introduce this methodology in a private university in Nicaragua
In line with its vision and mission, a private university in Nicaragua is promoting the use of the active methodology known as Service-Learning (ApS) so that students develop the skills and competencies necessary for their future work performance and clarify their vocational individual interests. A pilot project was implemented as a first training experience so that part of the teaching staff could use ApS in their classes and as a first step for its future implementation throughout the university. The objective of this study is to describe the perception of five participants of the pilot workshop that took place in June 2022 in order to identify possible improvements in future training on said methodology. It is about evaluating the effectiveness of the ApS workshop, identifying the successful practices and challenges experienced from the perspective of the authorities, the trainer and the trained teachers and knowing if the workshop was enough for teachers to apply this methodology in their classes. The mixed methodology is selected, with survey techniques, as well as semi-structured interviews. Although it is true that the results show a general good perception of those who participated regarding the correct organization of content and approach to the topic, limitations and points for improvement were found for future training.
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The “click” generation: digital natives in higher education in nicaragua
The transition and educational evolution that online or distance education has had due to the high demand of the click generation can be defined as a tool to build our society in a more competitive way, which is why it has migrated to the study model. B-learning and e-learning taking into account the difficulties that most students and teachers have in terms of the economic, technological and social factor, therefore this modality allows providing a better quality of university services by its teachers as well as strategies for the implementation of the use and appropriation of Information and Communication Technologies-ICT to meet the global demands of digital natives. To do this, it is necessary to specify that it is not enough for people to have access to technologies, but they must also learn to use them effectively for learning, creativity, scientific, technological and cultural progress. ICT is a means to promote quality education and pedagogical innovation, which helps create learning spaces that meet the needs of new generations. That is why the click generation is defined as those who are knowledgeable and dominant in technologies, as well as their scientific development in the teaching-learning process assisted by technologies.
Review of the mixed system of constitutional control of norms in nicaragua in light of the theory of nullities
By virtue of constitutional supremacy, the constitution is the norm from which the rest of the norms in a legal system derive their validity. The constitutional control of norms is a mechanism aimed at the validity of the constitutional supremacy, by which the conformity or non-conformity of the infra-constitutional norms with respect to the constitution is reviewed, determining their invalidity if they are contrary to its provisions and principles. Invalidity is defined as legal non-existence, also expressed under the concept of nullity, from which two figures have been developed: nullity itself and voidability. The models of constitutional control of norms come to be determined by the class of invalidity that is admitted for the unconstitutional norm, because these suppose an immediate and direct applicability of the constitution (in the case of nullity) or a mediate applicability of the constitution (in the case of voidability). In the first case (annulment by operation of law), the diffuse and incidental control of the American judicial review will be held; while in the case of voidability, the Austrian, abstract and concentrated model by Kelsen will be used. The establishment of a mixed model that seeks to converge abstract and concentrated control, with the effectiveness and direct application of the constitution that results in a diffuse and incidental model, must take into account what kind of nullity is appropriate for a model whose basic premise is the direct applicability of the constitution.