Omar Bennett
The Dominican Republic has had a long and tumultuous history with its constitution. Since gaining independence from Haiti in 1844, the country has had almost 40 constitutions, the most recent of which was written in 2015. This high number is partly due to the Dominican practice of promulgating a new constitution whenever an amendment is ratified and the country's history of alternating between democratic and authoritarian governments. The constitution-making process in the Dominican Republic has often been influenced by external powers, including Spain, the United States, and the Catholic Church, and has faced criticism for its treatment of human rights, particularly regarding women and the LGBTQ+ community.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 39 or 25 |
| Current Constitution | 13 June 2015 |
| First Constitution | 6 November 1844 |
| Notable Events | 1964: Juan Bosch's liberal constitution |
| 1966: Compromise constitution after civil war | |
| 2011: Constitution Day changed to nearest Monday | |
| Criticism | Injustice, step backward for human rights |
| Ban on same-sex marriage and abortion |
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What You'll Learn
- The Dominican Republic has had almost 40 constitutions since 1844
- The first constitution was a compromise between liberal and conservative factions
- The 1966 Constitution was a compromise after the 1965 civil war
- The 2015 Constitution is the most recent
- Most constitutions have only minor modifications from previous versions
The Dominican Republic has had almost 40 constitutions since 1844
The Dominican Republic has had a long and complex constitutional history since its independence from Haiti in 1844. With almost 40 constitutions since its first constitution in 1844, the country has had more constitutions than any other, reflecting a dynamic and often turbulent political landscape.
The first constitution of the Dominican Republic, promulgated on November 6, 1844, was a liberal document. It called for a popularly elected government and outlined the separation of powers, checks and balances, and a long list of basic rights. However, this liberal spirit was short-lived as an authoritarian government replaced the country's initial democratic rule within the first year. This new regime, led by Pedro Santana, wrote its own constitution, which considerably strengthened the executive branch, weakened the legislative and judicial branches, and granted the president widespread emergency powers.
The country's constitutional trajectory alternated between liberal and authoritarian tendencies. The Moca Constitution of 1858, for instance, was a politically progressive document, but it was followed by more conservative constitutions, such as the one in 1962. In 1924, after the withdrawal of US military authorities, a constitution was promulgated that retained influences from the US Constitution. This period also saw the rise of Rafael Trujillo, whose rule, despite paying lip service to constitutionalism, was characterised by autocratic governance and the manipulation of constitutional powers.
The post-Trujillo era continued the trend of constitutional flux. Juan Bosch's freely elected social-democratic government in 1964 drafted a liberal constitution, but it was short-lived due to opposition from conservative elements. This led to a civil war in 1965, and eventually, a compromise constitution was established in 1966. The most recent constitution was promulgated on June 13, 2015, which includes an interesting feature: a preamble that establishes ecological equilibrium as a supreme value and fundamental principle.
The high number of constitutions in the Dominican Republic is partly due to the practice of promulgating a new constitution whenever an amendment is ratified. While most new constitutions contain only minor modifications, they reflect a lack of consensus on the fundamental rules governing national political life. Each new government often seeks to impose its own vision, resulting in a dynamic constitutional evolution that has shaped the country's history.
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The first constitution was a compromise between liberal and conservative factions
The Dominican Republic has had a long and tumultuous history with its constitution, with almost 40 constitutions since its independence in 1844. The first constitution, promulgated on November 6, 1844, was a compromise between conservative and liberal factions. While it was rhetorically liberal, calling for a popularly elected government and specifying the powers of the Congress and judiciary, it also reflected a desire to appease conservative elements. For example, Roman Catholicism was declared the state religion, and slavery was abolished.
The country's history has been marked by a struggle between two constitutional traditions: one relatively democratic and the other authoritarian. The first constitution attempted to strike a balance between these opposing forces. However, it was short-lived, as political unrest led to its replacement in 1854 by an authoritarian document that reflected the autocratic governing style of caudillo Pedro Santana. This shift underscores the challenges faced in trying to reconcile divergent ideological perspectives.
The Dominican Republic's experience is not unique, as many young republics have grappled with constitutional instability. The country's history of foreign control by Haiti, Spain, and the United States also complicated its constitutional development. Each new regime sought to establish its own constitution, often making only minor modifications to the previous one. This practice, known as constitutionalism, became a matter of overriding importance after the death of Rafael Trujillo, as Dominicans sought to establish a stable set of governing principles and laws.
The 1966 Constitution, which followed the 1965 civil war and the ousting of Juan Bosch's liberal government, is another example of a compromise constitution. It provided for a progressive government and civil liberties while lacking social provisions that would have alienated traditional elites. This constitution, like its predecessors, reflected the ongoing struggle to balance liberal and conservative ideals in the country's governance.
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The 1966 Constitution was a compromise after the 1965 civil war
The Dominican Republic has had a long and tumultuous political history since gaining independence from Haiti in 1844. The country has had numerous constitutions – 39, according to one source – more than any other country. This high number is partly due to the Dominican practice of promulgating a new constitution whenever an amendment is ratified.
The 1966 Constitution was a direct result of the 1965 civil war. The civil war began on April 24, 1965, when civilian and military supporters of the democratically elected president Juan Bosch ousted the militarily installed president Donald Reid Cabral. Bosch had been expelled from the country by a group of senior military commanders in 1963, but his supporters sought to restore him to power. The counter-coup prompted General Elías Wessin y Wessin to organize elements of the military loyal to Reid, initiating an armed campaign against the "constitutionalist" rebels.
The civil war was marked by violence in the streets of Santo Domingo, with the Caamaño Revolt aiming to restore Bosch as president and return the country to a constitutional democracy. The violence and allegations of communist support for the rebels led to a United States invasion, which later transformed into an Organization of American States occupation of the country by the Inter-American Peace Force. Although the U.S. claimed neutrality, its deployment of troops favored the anti-Bosch forces.
The civil war had largely died down by 1966, and elections were held that year. With Joaquín Balaguer and his party in control, a new constitution was written. The 1966 Constitution was a compromise, providing for a modern progressive government and civil liberties, but lacking social provisions that would alienate traditional elites.
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The 2015 Constitution is the most recent
The Dominican Republic has had a long and complex constitutional history since its independence in 1844, with almost 40 constitutions. The current and most recent constitution was promulgated on 13 June 2015.
The 2015 Constitution is a comprehensive document that outlines the principles and structure of the Dominican government. It establishes the government as civilian, republican, democratic, and representative, with a division of powers into the legislative, executive, and judicial branches. The Constitution asserts the sovereignty and independence of the Dominican Nation, with power residing exclusively with the people. It also emphasises respect for human dignity and the indivisible unity of the nation, as well as addressing a range of social and political issues.
One notable aspect of the 2015 Constitution is its recognition of the importance of ecological equilibrium and climate action. Article 194 includes a provision for a territorial order that ensures the efficient and sustainable use of natural resources to adapt to climate change, demonstrating the Dominican Republic's commitment to environmental considerations.
The Constitution also addresses citizenship and voting rights. It specifies that all Dominicans who are eighteen years of age or who are or have been married, even if they have not reached this age, enjoy citizenship. It also outlines restrictions on voting and the eligibility criteria for posts established by the Constitution. Additionally, the 2015 Constitution includes a provision that allows Dominicans who adopt another nationality to aspire to the presidency or vice-presidency if they renounce their acquired nationality ten years before the election and reside in the country for the ten years prior.
The Dominican Republic's constitutional history has been characterised by a lack of consensus on governing principles, with successive governments often rejecting their predecessors' policies and frameworks. The 2015 Constitution represents the most recent iteration of the country's ongoing efforts to establish a stable and effective system of governance.
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Most constitutions have only minor modifications from previous versions
The Dominican Republic has had a long and complex constitutional history since its independence in 1844. With almost 40 constitutions, it has had more than any other country. This high number is partly due to the Dominican practice of promulgating a new constitution whenever an amendment is ratified. However, it is important to note that most of these new constitutions only included minor modifications from previous versions, with sweeping constitutional innovations being relatively rare.
The first constitution of the Dominican Republic was promulgated on November 6, 1844, immediately after the nation achieved independence from Haiti. This constitution represented a compromise between conservative and liberal factions but was rhetorically liberal. It called for a popularly elected government and specified the powers of the Congress and judiciary. It also forbade the suspension of the constitution, declared Roman Catholicism as the state religion, and abolished slavery.
Over the years, various constitutions have been drafted to reflect the changing political landscape and priorities of the ruling government. For example, in 1964, Juan Bosch's freely elected social-democratic government created a new liberal constitution that separated church and state, limited the political activities of the armed forces, and established a wide range of civil liberties. However, this constitution was short-lived as it was ousted by more conservative elements in Dominican society, who reinstated the 1962 constitution.
The current constitution of the Dominican Republic was promulgated on June 13, 2015. It includes provisions for human dignity, the indivisible unity of the nation, and respect for fundamental rights. It also establishes the government as civilian, republican, democratic, and representative, with legislative, executive, and judicial powers. While it has faced some criticism, especially regarding its stance on human rights, it continues to be the guiding document for the country's governance.
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Frequently asked questions
The first Dominican Republic constitution was written in 1844, immediately after the nation achieved independence from Haiti.
The Dominican Republic has had almost 40 constitutions since its independence, more than any other country.
The current constitution of the Dominican Republic was promulgated on June 13, 2015.
