Dominican Republic

The Dominican Republic is an electoral democracy with universal and compulsory suffrage, in which the legal system is based on French Civil Codes. The President is both the Head of State and the Head of the Government. The President and Vice-President are elected on the same ticket by popular vote for four year terms. The first Constitution was written in 1844 following the nation’s independence from Haiti. Subsequently, there have been 39 constitutions, the most recent of which was passed in 2015.

The Constitution of Dominican Republic is “the supreme norm and foundation of the juridical order of the State. Any law, decree, resolution, regulation or act that is contrary to this Constitution is null of plain right” (article 6). Within the Constitution, articles 184 and 185 provide for the establishment of a Constitutional Court to guarantee the supremacy of the Constitution, the defense of the constitutional order and the protection of fundamental rights, as well as its powers. The Constitutional Court’s decisions are deemed definitive and irrevocable and constitute binding precedents for the public powers and all the organs of the State. Article 185 of the Dominican Republic’s Constitution establishes that: “The Constitutional Court shall be responsible for knowing in sole instance: 1. Direct actions of unconstitutionality against the laws, decrees, rules, resolutions and ordinances at the instance of the President of the Republic, of one third of the members of the Senate or of the Chamber of Deputies and any person with legitimate and juridically protected interest. 2. The preventative control of international treaties before their ratification by the legislative organ. 3. Conflicts of responsibility between the public powers at the instance of one of their heads. 4. Any other matter that the law provides”.