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Politics

The Government System of the Dominican Republic

The Dominican Republic is a country found in the Caribbean and is bordered with the country of Haiti on the island of Hispaniola, which lies between Puerto Rico, Cuba, Turks and Caicos Islands and Jamaica and has coasts along the North Atlantic Ocean and the Caribbean Sea. The capital of the Dominican Republic, Santo Domingo, is found along the coast along the Caribbean Sea.

Before the Europeans arrived, the island was inhabited by the Taino peoples who had divided the island up into several chiefdoms. Christopher Columbus would claim the island and a colony would soon be set up in the area where the Dominican Republic now is, called the Captaincy General of Santo Domingo. The colony was the first permanent European settlement in the Americas and one of the oldest cities in the Caribbean and the first seat of Spanish colonial rule in what was called the New World.

The French had occupied the other part of the island (where Haiti now is). After three centuries of Spanish rule the Dominicans would declare independence from Spain in November 1821 as the Republic of Spanish Haiti after the defeat of the Spanish colonialists led by General Jose Nunez de Caceres, who had the intention of uniting the newly found country with Gran Colombia, but this was dashed after Haiti (independent since 1804) annexed Spanish Haiti in 1822. After 22 years in 1844 the Dominican War of Independence saw the Dominicans get back independence and hold off the Haitian forces, maintaining independence.

After this the nation went through some instability but also economic recovery and with the US currently preoccupied in a civil war Spain decided to retake the Dominican Republic as a colony starting off the Dominican Restoration War from 1863 to 1865, due to a number of reasons such as the war being unpopular in Spain and also the outcome of the American Civil War not being favorable to Spain, the Spanish annexation of the Dominican Republic was annulled and all Spanish forces pulled out of the island, restoring the independence of the republic.

The republic was occupied by the US from 1916 to 1924 with them propping up a puppet government favorable to the US. The US eventually withdrew and supervised the election of a new government due to unpopular opinion of the occupation back in the US as well as continued resistance by the Dominican’s themselves. The nation experienced a period of stability, then there was a dictatorship from 1930 and a civil war in 1965 that was ended by US occupation. From 1966 there was a long period of authoritarian rule. From 1996 the Dominican Republic begun moving towards a representative democracy.

The largest religion is Roman Catholic and the largest ethnic group are mixed/multiracial. The official language is Spanish and the country uses the Dominican peso as its currency. The country’s population which is seeing fairly rapid growth is estimated to reach 10,499,707 by July 2020.

Government Type

Coat of Arms of the Dominican Republic. Public Domain.

The Dominican Republic is a Presidential Republic and Representative Democracy where a President is both Head of State and Head of Government and there is a bicameral parliament that includes the Chamber of Deputies and the Senate that makes up legislative government. Multiple parties are allowed.

Executive Government

National Palace, office of the Executive Power and President. Photo by Jean-Marc Astesana from Flickr. CC BY-SA 2.0. Source.

So as said the country is ruled by a President who represents the country abroad as Head of State in its diplomatic and foreign affairs and also is Head of Government giving the President wide-ranging powers.  

The Executive Power is exercised by the President and there is a Vice-President elected jointly with the President. The President directs the internal and external policy and the civil and military administration and is the Supreme Authority of the country’s armed forces, National police, and other bodies of security of the state.  

Presidential Absence and Succession

If the President is temporarily absent then the Vice-President of the Republic will assume the Executive Power until their return.  

If there is definitive absence of the President then the Vice-President of the Republic will serve out the remainder of the Presidential Term as President of the Republic.  

If both the President of the Republic and Vice-President of the Republic are definitively absent then the President of the Supreme Court of Justice will assume temporary interim leadership. Within 15-days the interim leader will convoke a joint-sitting of the Congress to elect a new President and Vice-President of the Republic via an absolute majority vote. If the joint-sitting isn’t convoked within 15-days then it can meet with plain right to elect a new President and Vice-President of the Republic.  

The substitutes for President and Vice-President of the Republic are provided on shortlists to the joint-sitting by the superior body of the political party that elected them.  

If the Vice-President alone is definitely absent then the President of the Republic will provide a shortlist of substitutes to replace them to a joint-sitting of Congress.  

President’s Head of State Powers

The President’s main powers include presiding over solemn actions of the Nation; promulgate and make public laws that resolutions that have been passed by the Congress and to make sure they are executed faithfully and expedite decrees, rules and instructions when necessary.  

The President appoints and dismisses members of the military and police jurisdictions. Provides for in accordance with the law that which concerns the Armed Forces and National Police, to order them himself or through an appropriate ministry, always maintaining supreme command.  

The President takes needed measures to ensure defense of the Nation in case of actual or imminent armed attack from a foreign power, with the duty to also inform Congress on provisions adopted and of a declaration of State of Defense if it proceeds.  

During emergency, if the National Congress does not find itself meeting, declare states of exception in accordance with the constitution as to suspend rights that can be suspended for the time the emergency lasts. The President during times of emergency can also adopt needed provisional powers of the Police and state security in accordance with the constitution.  

The President makes and signs international treaties and conventions and submits them for approval from the Congress.  

The President grants pardons on the 27th February, 16th August and 23rd December each year, in accordance with law and international conventions.  

To order the arrest or to expel, in accordance with the law, foreigners whose activities are or could be detrimental to the public order or national security. The President can prohibit the entry of foreigners into the country when it is good for the public interest.  

President’s Head of Government Powers

As Head of Government the President’s main powers include the appointment of ministers and vice ministers as well as other public officials to occupy offices of free appointment or appointment that is not attributed to another state body that is mentioned in the constitution or the law. Also accepts their resignation and can remove them from their positions.  

A minister heads a department of the Executive Powers and is assisted by a number of vice ministers.  

The ministers form the Council of Ministers which is presided over by the President of the Republic. The council coordinates general affairs of the government and has as its end to organise and accelerate the handling of the aspects of the Public Administration. The Vice-President is also a member.  

Appointed ministers and vice ministers must be citizens of the Dominican Republic with full exercise of civil and political rights who is at least 25-years-old. Naturalized citizens cannot be made ministers or vice-ministers unless they have been a citizen for at least 10-years.  

Also appoints heads of autonomous and decentralized organs of the state and accept their resignation and can also remove them.  

The President can make contracts. When these contracts include provisions that relate to damage caused to national revenue, to the transfer of title of assets of the State, to the termination of loans or when exemptions to taxes are stipulated, in accordance with the constitution, they are then submitted first to the Congress for approval. The maximum amount that a contract and exemptions may be endorsed by the President without congressional approval are two hundred minimum salaries of the public sector.  

The President will safeguard the good collection and faithful investment of the national revenue. The President submits to the National Congress each year on the 27th February at the first ordinary legislature, the reports of the ministries and to render the accounts of his administration of the prior year.  

The President submits to Congress each year no later than the 1st of October, the Project of Law of the General Budget of the State for the following year.  

Diplomatic Powers/Duties

With the approval of the Senate (upper house of Congress), the President appoints accredited ambassadors abroad and the chiefs of permanent missions before international bodies, to appoint other members of the diplomatic corps, in accordance with the Law of Foreign Service. Also accepts their resignations and can remove them.  

The President directs diplomatic negotiations and receives foreign Chiefs of State and their representatives.

Legislative Government

The Congress meets in the capital Santo Domingo. Photo by Jaru123. GFDL. Source.
Procedure

Legislative Government is made up of the Chamber of Deputies which is the lower house and the Senate which is the upper house. The main job of the National Congress as it is collectively called is to have legislation introduced, debated, amended and either passed or rejected where it shall either move on to the corresponding house or if passed by both houses it shall move on to the President of the Republic for promulgation.  

Legislation can be initiated by the President of the Republic, a Senate member, a member of the Chamber of Deputies, the Supreme Court of Justice but only on judicial matters and the Central Electoral Board on electoral matters.  

A popular initiative can also be introduced by at least 2% of registered voters.  

Legislation determined as ordinary requires an absolute majority in both chambers to pass, legislation determined as organic will require a two-third majority in both houses to pass.  

A piece of legislation when passed will go to the corresponding house, if the other house amends the legislation then it shall return to the originating house for approval, if amendments are rejected, they shall be removed and the bill if passed again will go back to the other House. If amendments made by the other House are approved in the originating house then the legislation shall go straight to the Executive Power for approval, if the other House passes the bill without any changes then it shall go straight from there to the Executive Power for approval.  

The Executive Power may return the bill if it disagrees with it and will state its observations that will be considered by the two chambers of Congress, if the bill is passed unchanged again via two-third majorities in both chambers then the Executive Power will promulgate it.  

Legislative Prerogative and Approval of Actions

Both chambers can legislate and vote on a number of things including taxes; creation, modification or elimination of regions, provinces, municipalities, municipal districts, sections and expanses and study and demonstration of advantages justifying the changes; authorization of the President of the Republic to declare states to exception described in the Constitution for emergencies; in a grave emergency the congress can declare a state of national defense allowing for suspension of rights except for those otherwise stated in the constitution that cannot be suspended, the President may also can a state of national defense himself which will convoke the congress who may consider it and possibly revoke or set length; establish migration rules and rules on foreigners; increase or reduce number of appellate courts and create or eliminate courts and provide all related to their organization and competence, with consultation from the Supreme Court of Justice.  

Annually votes on the Law of the General Budget of the State and approve or reject extraordinary expenses that the Executive Power solicits credit on; legislate concerning the public debt and approve or disapprove credit and loans signed by the Executive Power; approve or disapprove of the international treaties and conventions endorsed by the Executive Power; declare necessity of constitutional reform; grant authorization of the President of the Republic to travel abroad for longer than 15-days and grant amnesty for political reasons.  

Congressional Supervision

Congress can summon ministers and directors or administrators of autonomous and decentralized bodies of the State before Permanent Commissions of the Congress to instruct them on budgetary execution and acts of their administration.  

Congress examines all acts of the Executive Power on an annual basis, approves them if they abide by the constitution.  

Congress can appoint permanent and special commissions, at the request of its members, they can be used to investigate whatever matter is of the public interest and render a report on it. These investigative commissions may summon officials and any other people to it for pertinent information on the matter/s it is investigating. Those who are summoned but refuse to appear will be sanctioned by the criminal courts of the Republic at the request of the appropriate chamber.  

A chamber of Congress itself may also summon officials for questioning on matters of their competence, who can be summoned at agreement of the majority of members when requested by at least three members. If the summoned person fails to show then the chamber may censure them via a vote of at least two-thirds and recommend dismissal of office of the person via the President of the Republic or appropriate official/office.  

Congress shall supervise all of the public policies that the government and its autonomous and decentralized institutions implement.  

The Chamber of Deputies

The Chamber of Deputies has a set 178 members.  

The Chamber elects its directive office each year on the 16th August, which includes the President of the Chamber, the Vice-President of the Chamber and two secretaries. The President of the Chamber regulates debate and makes sure chamber rules are followed and has disciplinary powers against members.  

The Chamber of Deputies has a number of powers unique to it that include holding publicly elected officials and officials chosen by the Senate and the National Counsel of the Magistrature to account by accusing them before the Senate via a two-third vote, unless it is the President or Vice-President which requires a three-quarters vote, when a public official is accused before the Senate they shall be suspended from their office.  

Submit shortlists to the Senate to choose members for the Chamber of Accounts and Defender of the People. Shortlists are submitted to the Senate on a two-third vote of members.  

The Senate

The Senate has a set 32 members.  

The Senate elects its directive office each year on the 16th August, which includes the President of the Senate, the Vice-President of the Senate and two secretaries. The President of the Senate regulates debate and makes sure Senate rules are followed and has disciplinary powers against members.  

The Senate has a number of powers afforded to it that are unique from the Chamber of Deputies such as being familiar with accusations of the Chamber of Deputies against public officials and if they are stripped of office they can be put before ordinary courts via a two-third vote of the Senate.  

The Senate approves and disapproves appointments of ambassadors and the heads of permanent authorized missions submitted by the President of the Republic.  

The Senate chooses the members of the Chamber of Accounts via shortlists proposed by the Chamber of Deputies, via a two-third vote of the members of the Senate.  

Via a vote of two-thirds the Senate also chooses members of the Central Electoral board and their substitutes.  

Via a vote of two-thirds the Senate shall also choose the Defender of the People and his substitutes and adjuncts from shortlists proposed by the Chamber of Deputies.  

At a request of the President of the Republic the Senate can authorize the presence of foreign troops for military exercises in the territory of the Republic as well as determine the time period and conditions of their stay.  

The Senate approves or disapproves of sending troops on missions of peace abroad, that have been authorized by international bodies, with the Senate fixing the conditions and duration of said mission.   

Joint-Sittings

A joint sitting of Congress (both houses) is called the National Assembly. The President of the Senate will be the President of the National Assembly and the President of the Chamber of Deputies will be the Vice-President of the National Assembly and the National Assembly secretariat will be made up of the secretaries of both chambers.  

The National Assembly meets to decide on constitutional reforms; examine acts of election of the President of the Republic and/or the Vice-President of the Republic; inauguration of the President/Vice-President of the Republic and accepting or rejecting the resignation of the President or Vice-President of the Republic.  

The Judicial System

The Supreme Court of Justice has no less than 16 Judges. The Judges chosen must be a citizen of the Dominican Republic from birth or origin and to be over the age of 35 and be in full exercise of all of their civil and political rights, be a bachelor or doctor in law and to have practiced the profession of lawyer or university professor of law for at least 12-years, or to have exercised for the same time period the office of judge within the Judicial Power or of representative of the Public Ministry. The periods may accumulate.

There is a Constitutional Court that consists of 13 judges.

The judges of the above courts are appointed by the National Council of the Magistrature, which its members include the President of the Republic who presides over the council (substituted by the Vice-President of the Republic in the President’s absence), the President of the Senate, a Senator chosen by the Senate who belongs to a party different to that of the President of the Senate and holds representation of the second majority, the President of the Chamber of Deputies, a member of the chamber chosen by its members who belongs to a different party than the President of the chamber and who holds representative of the second majority, the President of the Supreme Court of Justice, a magistrate of the Supreme Court of Justice chosen by that court to serve as secretary and the Attorney-General of the Republic.

The Supreme Court of Justice appoints judges to courts of the Judicial Power.

The Council of the Judicial Power will present candidates for appointment, determination of hierarchy and ascent of the judges of the Judicial Power to the Supreme Court of Justice. This Council includes the President of the Supreme Court of Justice who presides over this council, A Judge of the Supreme Court of Justice that has been elected by the Supreme Court to the position, a Judge of the Appellate Court or its equivalent who is elected by their peers, A Judge of First Instance or its equivalent elected by their peers and a Judge of Peace or its equivalent elected by their peers. Members of the council (except for the President of the Supreme Court of Justice) serve 5-year terms.

The Electoral System

Image by TUBS on Wikimedia. CC BY-SA 3.0. Source.

Presidential elections happen every 4-years to elect the President and the Vice-President who is jointly-elected with the President. The President/Vice-President are elected together via a direct popular vote using a two-round system where an absolute majority is needed to be elected in the first round otherwise a 2nd round is held between the top two candidates won by simple majority. One person can serve a max two terms as President but then must step aside and cannot run again.

Candidates for President and Vice-President must be citizens of the Dominican Republic by birth or origin, be at least 30-years-old, to be in full exercise of all their civil and political rights and to not have been in active police or military service for 3-years prior to the election.

The Chamber of Deputies is elected every 4-years. 178 members are elected, with 166 members from multi-seat constituencies (the number a constituency has is based on population density with a province having at least two representatives within it), with their also being a nation-wide constituency that elects five members and a constituency representing Dominican’s abroad that elects 7-members. The system used is proportional representation where parties that reach specific thresholds are guaranteed seats.

To be a candidate for the Chamber of Deputies one must be a citizen of the Dominican Republic with full exercise of civil and political rights, at least 25-years-old and to be a native in the territory elected in or to have been living there for at least 5 consecutive years. Naturalized citizens must wait 10-years before being able to run as a candidate.

Elections for the Senate happen every 4-years to elect its members and they are elected via a first-past-the-post system in single-seat constituencies representing provinces and the national district.

Candidate requirements for the Senate are the same as the Chamber of Deputies.

To vote one must be a citizen of the Dominican Republic who is at least 18-years-old. Voting is not mandatory.

Sources

The source for this is from the Dominican Republic’s 2015 constitution (constituteproject.org) and so should be as accurate as possible but the constitution is very extensive as well and so the room for misinterpretation or even missing some things is higher than usual and as always the constitution can be amended and so this may become outdated eventually and so cross research is important for people using this in a serious capacity.

The CIA World Factbook Dominican Republic entry provided some information on electoral procedure and population.

To amend the constitution such a revision needs to be proposed by a special joint-sitting of Congress called the National Revisory Assembly. Passage of an amendment requires a two-thirds majority from at least one-half of those present in both houses of the assembly. Certain amendments may also need approval from a national referendum.


Next up will be the government system of Timor-Leste (East Timor).

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