The Dominican Constitution; ..Amending it

Mirador

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aegap said:
what's required, and what's the process?

Ambitious politicians, and lots of money...

It's an open secret that the last change in the constitution (to allow for the reelection of Hipolito Mej?a) was pulled off by Hernani Salazar to the tune of about RD$100 million, distributed unequally between the members of Congress meeting as the National Assembly (all you need is two thirds vote majority)...

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Mirador

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monster said:
I thought Meija cant run for president anymore,only Leonel can.

We're talking about the 2002 presidential elections, when the constitution was changed so Hip?lito could run again. I'm willing to take bets that the constitution will be changed again, to allow Leonel Hern?ndez to run again, for reelection in 2008....


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aegap

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Mar 19, 2005
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I thought Leonel could run for reelection as the constitution is currently written, amendments and all. Can't he?

...two thirds of both chambers?
 

HOWMAR

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I think it currently allows the President to run for reelection only once. Win or lose.
 

Hillbilly

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Jan 1, 2002
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My worries:
A Constitutional reform that will allow F'dez to try for re-election is NOT one of them. His party was based on the no-re-election platform....would be interesting to see how many of the party faithful would stick with him if he tried to get re-elected...

Real worries: the consolidation of the elections. This takes the cance for voters to register their disgust at the mid term elections--like just what happened. The result would be that a magnetic candidate--Clinton, kennedy or Fernandez would "pull" all of his party with him. this was Balaguer at his finest.

#2) that they won't dare remove Art. 55 which grants too much power to the President.

#3) That they will continue to enlarge the bureaucracy by creating more ministries and more provinces.

4) that they will approve the sale of the Bah?a de las ?guilas to some phony investors....

It goes on and on....


We are so screwed!!

HB :D:D:D
 

aegap

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Hillbilly said:
My worries:
A Constitutional reform that will allow F'dez to try for re-election is NOT one of them.
#2) that they won't dare remove Art. 55 which grants too much power to the President.


HB :D:D:D

whats Article 55? ..is that the one allowing the president to govern by decrees, a la Balaguer?
 

Mirador

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aegap said:
whats Article 55? ..is that the one allowing the president to govern by decrees, a la Balaguer?


I think what Hillbilly is worried about is parragraph 15, of Article 55 of the Constitution, which reads...


15. Hacer arrestar o expulsar a los extranjeros cuyas actividades, a su juicio, fueren o pudieren ser perjudiciales al orden p?blico o a las buenas costumbres.


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Hillbilly

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Now that might be a consideration!! Considering that "public order" and "good customs" can be so broadly interpreted.

Like so often happens, it seems that "get the gringo" is the only answer people can come up with in the face of so much corruption and ineptness within the govenment.

You better have some good cigars this coming 2 July. :p:p

HB
 

Texas Bill

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Feb 11, 2003
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With all this talk---

about re-writing/revising the DR Constitution, just what would be your educated synopsis as to what and how it should/could be changed to the betterment of Government, Hillbilly?

Don't mean to put the onus on you, but I have a helluva lot of respect for your knowledge and clearthinking on subjects like this (others also, but that's another topic).

Texas Bill
 

Rick Snyder

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Nov 19, 2003
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“what's required, and what's the process?"

During the Mej?a administration, the Constitution was amended to permit an incumbent president to seek a second successive term. On 13 July 2002, the National Congress enacted a law amending the Constitution to allow an incumbent President to run for a second consecutive term of office. Under the terms of an accord signed in August 1994 by the major political parties to end the political crisis that had followed the disputed presidential election of that year, re-election of an incumbent President to a second term had been prohibited. This prompted three other PRD presidential hopefuls, Vice President Milagros Ortiz Bosch, Rafael Suberv? Bonilla and Enmanuel Esquea Guerrero to cry foul. Faced with an uproar, PRD lawmakers than drafted a bill that would allow up to five candidates from the same party to run with the winner reaping the votes of his defeated party brethren. Under Dominican law, political parties now can put forth only one candidate.

Mirador you’re trying to start controversy ;

In reality
Article 55 15 reads "Tomar las medidas necesarias para proveer a la leg?tima defensa de la Naci?n en caso de ataque armado actual o inminente de parte de naci?n extranjera, debiendo informar al Congreso sobre las disposiciones as? adoptadas."

“about re-writing/revising the DR Constitution, just what would be your educated synopsis as to what and how it should/could be changed to the betterment of Government, Hillbilly?”

If I may submit my analysis of what needs to be changed in the DR constitution. I too think article 55 needs to be changed in that it presently gives the president control of both the military and police. I think this is what Hillbilly was refering to but I don’t want to speak for him. In all democracies the president is the commander in chief of the military but never has control over the police also. With total control over all protective elements within a country there is nothing to deter a scruplous leader from taking complete control of his country.

Article 55 reads “El Presidente de la Rep?blica es el jefe de la administraci?n p?blica y el jefe supremo de todas las fuerzas armadas de la Rep?blica y de los cuerpos policiales.”

http://www.glin.gov/view.do?documentID=45720&summaryLang=en&fromSearch=true

http://pdba.georgetown.edu/Constitutions/DomRep/domrep02.html

Rick
 

RonS

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Oct 18, 2004
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"Under the terms of an accord signed in August 1994 by the major political parties to end the political crisis that had followed the disputed presidential election of that year, re-election of an incumbent President to a second term had been prohibited."

Can someone explain how an 'accord' between political parties can alter legislation enacted by the national legislature which amends the Constitution? Also, and following on the OP, did this act of the legislature actually have the affect of amending the Constitution, or is/was some further ratification required?
 

Rick Snyder

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Constitution of 2004;

ART. 49.-El Poder Ejecutivo se ejerce por el Presidente de la Rep?blica, quien ser? elegido cada cuatro a?os por voto directo. El Presidente de la Rep?blica podr? optar por un segundo y ?nico per?odo constitucional consecutivo, no pudiendo postularse jam?s al mismo cargo, ni a la Vicepresidencia de la Rep?blica.

Constitution of 1994;

ART. 49.- El Poder Ejecutivo se ejerce por el Presidente de la Rep?blica, quien ser? elegido cada cuatro a?os por voto directo, no pudiendo ser electo para el per?odo constitucional siguiente.

1994
http://pdba.georgetown.edu/Constitutions/DomRep/domrep94.html

Rick
 

RonS

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Oct 18, 2004
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Thanks Rick! This has been a very informative discussion and that article is very helpful. The idea that the legislature can call a National Assembly comprised of its own members to amend the Constitution, even by the super-majority of two-thirds, is crazy, as was demonstrated by the PRD's attempt to consolidate it's power. Why did the former President insist that he would not take advantage of that attempt, and then take the extraordinary step of submitting the question to the Supreme Court?
 

Rick Snyder

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Nov 19, 2003
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It is Article 55 paragraph 2 that gives the president the right to rule by decree in addition of through congress with bills. An example of what can and has happened when presidential decree is instituted;
http://www1.umn.edu/humanrts/esc/DOMINICA.htm


How serviceable is the Dominican constitution and the judicial system?

http://www.cidh.oas.org/annualrep/97eng/Dom.Rep.10832.htm

The executive power is exercised by the president. As a result of changes the country made to its constitution in 1994, presidential elections are now held separately from legislative and municipal elections; the president must be elected by a majority vote, which may require a second round of elections if the first round does not provide a majority to any one candidate; and a president may not be elected to more than one consecutive term. Edited to add; (Ammended in 2002)

A little explanation of the constitution;
http://www.cidh.oas.org/countryrep/DominicanRep99/Chapter2.htm

I’ve done numerous searches for the constitution of 1966 but can’t find it anywhere.

Rick

PS Earlier Mirador listed Art 55 para 15 and he really meant to say para 16.

Edited to add; Apologies to Mirador for accusing him of starting controversies.
 
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Rick Snyder

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Nov 19, 2003
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I also believe that all citizens should be allowed to vote but the DR constitution does not allow the military or police to vote in any of the elections therefore I think this should be another change to the constitution.

Rick
 

aegap

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Rick, you know more about the Dominican Constitution than 99.9% of Dominicans, to include myself.

kuddos, Rick.