
The decisions of the Constitutional Court in the Dominican Republic are not written in stone. Constitutional Court judge Rafael Vargas said recently that these decisions can be reverted by the same Constitutional Court.
Judge Rafael Vargas recently stated that the court has the authority to rectify its own sentences. This statement comes after a controversial decision by the court to allow independent candidacies in the upcoming elections, a move that has been met with both support and criticism.
Judge Vargas, who dissented against the ruling on independent candidacies, argued that constitutional courts have the legal tools to correct their decisions, especially if they make a mistake that violates the Constitution or the principle of equality. He emphasized that judges are human and can make mistakes when interpreting the constitutionality of a law.
In an opinion piece, Judge Vargas acknowledged that there is no precedent in the Dominican Republic for the Constitutional Court, rectifying a ruling after declaring a law unconstitutional. However, he explained that it is possible for the court to revise its interpretation in a new case if it is found to violate the right to equality or any other fundamental right.
He cited examples from the Constitutional Court of Colombia and the Supreme Court of Justice of Mexico, where similar courts have rectified their sentences to remedy violations of the right to equality or other fundamental rights.
The recent decision by the Constitutional Court to allow independent candidacies has been met with criticism from some quarters. Two judges of the court dissented, arguing that it is not within the court’s purview to define the legal framework for independent candidacies. Judge Vargas also expressed concern that this decision could turn the court into a substitute or negative legislator.
Former Constitutional Court Judge Hermógenes Acosta warned that if the regulations to be drafted by the Central Electoral Board for independent candidacies do not comply with the Constitutional Court’s ruling, the court will have to annul them. He stressed that independent candidacies are an important part of the system and are in line with the constitution.
Read more in Spanish:
El Caribe
3 February 2025