You are here -allRefer - Reference - Country Study & Country Guide - Dominican Republic >

allRefer Reference and Encyclopedia Resource

allRefer    
allRefer
   


-- Country Study & Guide --     

 

Dominican Republic

 
Country Guide
Afghanistan
Albania
Algeria
Angola
Armenia
Austria
Azerbaijan
Bahrain
Bangladesh
Belarus
Belize
Bhutan
Bolivia
Brazil
Bulgaria
Cambodia
Chad
Chile
China
Colombia
Caribbean Islands
Comoros
Cyprus
Czechoslovakia
Dominican Republic
Ecuador
Egypt
El Salvador
Estonia
Ethiopia
Finland
Georgia
Germany
Germany (East)
Ghana
Guyana
Haiti
Honduras
Hungary
India
Indonesia
Iran
Iraq
Israel
Cote d'Ivoire
Japan
Jordan
Kazakhstan
Kuwait
Kyrgyzstan
Latvia
Laos
Lebanon
Libya
Lithuania
Macau
Madagascar
Maldives
Mauritania
Mauritius
Mexico
Moldova
Mongolia
Nepal
Nicaragua
Nigeria
North Korea
Oman
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russia
Saudi Arabia
Seychelles
Singapore
Somalia
South Africa
South Korea
Soviet Union [USSR]
Spain
Sri Lanka
Sudan
Syria
Tajikistan
Thailand
Turkmenistan
Turkey
Uganda
United Arab Emirates
Uruguay
Uzbekistan
Venezuela
Vietnam
Yugoslavia
Zaire

Dominican Republic

The Judiciary

Judicial power is exercised by the Supreme Court of Justice and by other courts created by the Constitution and by law. The Constitution establishes courts of first instance in each province as well as a land tribunal and courts of appeal. Justices of the peace exist in each municipality and in the National District. The Constitution also mandates a court of accounts, which examines the country's finances and reports to the Congress.

Centralized and hierarchical, the Dominican legal system was patterned after the French system. It employed a code-law legal system rather than a common law system, such as the one used in the United States. Detailed and comprehensive, the codes left little room for United States-style judicial activism or citation of precedent. Legal reasoning was deductive (from the codes), rather than inductive, or based on past cases.

The Constitution calls for a Supreme Court consisting of nine judges. Judges are chosen by the Senate, not by the president, ostensibly to limit executive power. The Senate also selects the judges for the lower courts. Supreme Court justices must be Dominican citizens by birth or parentage, at least thirty-five years old, with full political and civil rights. They are required to have law degrees and to have practiced law, or held judicial office, for at least twelve years. These requirements become progressively less strict for lower-court justices.

The Supreme Court has the exclusive power to assume jurisdiction in matters affecting the president and other high officials, to act as a court of cassation, to serve as a court of last instance in matters forwarded from appellate courts, to exercise final disciplinary action over other members of the judiciary, and to transfer justices from one jurisdiction to another. The Supreme Court does not have the formal power to review the constitutionality of laws, decrees, or resolutions put into effect by the president or the Congress, although a movement began in the late 1970stoward limited judicial oversight of government acts.

The courts in the Dominican Republic historically have been subservient to the government in power. Moreover, politics have frequently dominated court proceedings, and the entire judicial system may be subject to outside pressures and, at times, even intimidation. Nevertheless, since the early 1960s the court system has become stronger, and the judiciary has become a more independent, if not a coequal, branch of government.

Data as of December 1989


Dominican Republic - TABLE OF CONTENTS


Go Up - Top of Page

Make allRefer Reference your HomepageAdd allRefer Reference to your FavoritesGo to Top of PagePrint this PageSend this Page to a Friend


Information Courtesy: The Library of Congress - Country Studies


Content on this web site is provided for informational purposes only. We accept no responsibility for any loss, injury or inconvenience sustained by any person resulting from information published on this site. We encourage you to verify any critical information with the relevant authorities.

 

 

 
 


About Us | Contact Us | Terms of Use | Privacy | Links Directory
Link to allRefer | Add allRefer Search to your site

allRefer
All Rights reserved. Site best viewed in 800 x 600 resolution.