Dominican Republic 2010 Constitution

TITLE VII. OF THE CONSTITUTIONAL CONTROL

Article 184. The Constitutional Tribunal

There will be a Constitutional Tribunal to guarantee the supremacy of the Constitution, the defense of the constitutional order and the protection of the fundamental rights. Its decisions are definitive and irrevocable and they constitute binding precedents for the public powers and all of the organs of the State. It will enjoy administrative and budgetary autonomy.

Article 185. Attributions

The Constitutional Tribunal will be competent to take cognizance of, in sole instance:

1. The direct actions of unconstitutionality against the laws, decrees, regulations, resolutions and ordinances, at the instance of the President of the Republic, of a third part of the members of the Senate or of the Chamber of Deputies and of any person with a legitimate and juridically protected interest.
2. The preventive control of the international treaties before their ratification by the legislative organ;
3. The conflicts of competence between the public powers, at the instance of one of its titular members;
4. Any other matter established by the law.

Article 186. Integration and decisions

The Constitutional Tribunal will be integrated by thirteen members and their decisions will be adopted with a qualified majority of nine or more of its members. The judges that have emitted a dissident vote can assert their reasoning in the decision adopted.

Article 187. Requirements and renovation

To be a judge of the Constitutional Tribunal the same conditions necessary for the judges of the Supreme Court of Justice are required. Its members will be non-removable during the time of their mandate. The condition of judge is only lost with death, resignation or destitution due to grave faults in the exercise of his functions, in which case a person can be designated to complete the period.

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The judges of this tribunal will be appointed for a sole period of nine years. They cannot be reelected, except those that in their quality of replacements have occupied the office for a period of less than five years. The composition of the Tribunal will be renewed in a gradual manner every three years.

Article 188. Diffuse control

The tribunals of the Republic will take cognizance of the pleadings of constitutionality in the matters submitted to their cognizance.

Article 189. Regulation of the Tribunal

The law will regulate the constitutional procedures and what is relative to the organization and to the functioning of the Constitutional Tribunal.