Translated with Bing
1. the scope of the 1844 Constitution
On November 6, 1844 Constituciondominicana was born during an unequal war against an enemy, meaner and hostile. On February 27 the Independenciadel State of the Dominicans and the Haitian occupation order is proclaimed. With that glorious Act cancels the predominioentre us of the Haitian Constitution of 1805.
Since its inception, Dominican Constitution established a Republican regime, which recognizes ladivision in three powers, opposed systems royalist and divine right. Haitians, by contrast, founded an absolute monarchy, led by the founder of the State, Jean Jacques Dessalines, as fuesustituida by another monarchy, of the King Henri Christophe, and by a lifelong Government, with powers of headed kinglet porAlexandre know, alias Petion.
Although the Haitian Constitution of 1805 eliminabala slavery - preceded it the France Convention of 1791, Act executed in the colony by the French Commissioners Sonthonax yPolverel - implanted, then forced or the corveey remained unchanged, since the days of the pre independence of the FatrasBaton, nickname of Toussaint Louverture until the time of King Henri Christophe, plantation system.
The movement that condujeronlos slaves who founded the Empire of Haiti was opposed to the spirit and laletra of findings and achievements of the French Revolution. All susgobernantes, without exception, cast by Earth doctrine that represented the spirit of the laws of the Baron deMontesquieu, who demanded that the Republican State has an executive branch, a legislative branch and judicial unpoder. There is no connection with elregimen for equality and freedom, expressed by the Declaration of the rights of man and of the citizen of 1789. Quite the opposite, the constituyentehaitiano extract their behavior of a despotism which exceeds muyampliamente spanishcolonial regime's worst disasters. It was a revolt that applied a doctrinacontrarrevolucionaria. Let's look at competencies of both constitutions.
1.Mientrasen the Dominican Constitution of 1844 is emphatically speaks of equality in rights and duties of all losdominicanos regardless of race or social status; in the Haitian sepriva of those rights to people of the white race (art. 12), whose implementation predates very lallegada of slaves. Takes off those same rights to those who are in bankruptcy and denuna ruin printing.
2.Entanto that the Haitian Constitution was conceived as a provision agresivacontra the Dominicans, as in its article 18 established the Saone, Samanay all Dominican territory were part of the Empire of Haiti, disposicionque remained until 1874, the Dominican Constitution, encontrapartida, recognizes in its article 3 quesu sovereignty not can be exercised in the territory of the former francesade colony Saint Domingue and refers to the existence of the Treaty of Aranjuez.
3.side have rather served the Haitian constitutions the constituent Dominican is to norepetir their mistakes or to implement the horrors that preceded the great racial killings in the emperadorDessalines.
The Dominican bloqueconstitucional of 1844, established a State law that loshaitianos been quick to implement. Consists of 211 articles, permanent 204 and 7 transitional provisions.Among these the shadow of the art.210 queconcede President powers during the period of the war.Text that was fatally employed paraun exercise despotic and arbitrary, and whose remnants in the poderespresidenciales were kept in the art.55 which has ultimately been modified in the current Constitution del2010. Rivers of ink have been written about shadow point.
However, the Constitution of 1844 is a desabiduria sampler. Article 1 reads as follows: "losdominicanos is a free and independent and sovereign nation, underone essentially civil, Republican, popular, representative Government, responsible for electivoy". Honoring whose role in history esoshombres notenemos be ashamed! They were not emperors or Presidents lifetime absolute nireyezuelos. Not paid cult to their blood thirsty gods, nor deprive the people's sovereignty. The constituent Assembly of St. Kitts established that sovereignty lies inthe citizens of the nation (art.39).
In the State of derechoinstaurado by our constitutional seinstauraba a regime of equality of citizens and be abolished laesclavitud (art.14), establishing individual freedom (art.16), safeguarding the right to property, regardless of the breed (art.21), protection against the prisionarbitraria (art. 19), freedom of expression (article 23), equality before the law (art.24). Is consagrala inviolability of correspondence (article), free education (art.33), freedom of Association and Assembly (art.30 and 31), is implanted l
OPINION: La Constitucin, el pacto que une a los dominicanos - Almomento.net: Periodico Digital Dominicano
