The New Dominican Constitution
On Sunday, October 27, the National Assembly proclaimed a new constitution, incorporating changes proposed by President Luis Abinader in his constitutional reform project submitted on August 19 of this year.
Among the most significant changes introduced by this constitution are measures aimed at stabilizing the Executive Branch, adjusting the number of legislators in the Legislative Branch, and assigning new functions to the Judicial Branch through the National Council of the Judiciary. Notably, the most prominent change in this constitutional reform is the amendment of Article 268, addressing presidential re-election:
“No amendment to the constitution may address the form of government established in Article 4 of this constitution, which must always remain civil, republican, democratic, and representative. Nor may it address the rules of presidential election established in Article 124.”
We emphasize the latter part of this article as it represents an update that was absent in the 2015 constitution. Why is Article 4 highlighted, even though the modification pertains to Article 124 on elections? Simply put, this brief yet fundamental article shapes the Dominican state, dividing its powers, defining its functions, and imposing accountability on those responsible for its proper functioning. By referencing Article 4, the amendment limits the powers of the executive in alignment with the 2015 constitutional amendment, which stipulated:
“The President or Vice President of the Republic may serve a second consecutive term but shall not be eligible to run again for either office thereafter.” [Dominican Constitution 2015]
This amendment to Article 268 supports the current Article 124, which not only restricts re-election beyond two terms for any candidate who has served as president or vice president but also sets a precedent for political practice in the country. Traditionally, major political parties have re-elected the same candidates repeatedly or alternated offices, with individuals starting as vice presidents and later assuming the role of head of state. This precedent now prevents such practices, as President Abinader himself declared: “With this measure, no president, present or future, may alter electoral rules for their benefit.”
Why is this important?
Because any future attempt to modify Article 124 on election rules would now also require a change to Article 268, as well as a reference to Article 4, making future modifications significantly more complex.
On the legislative front, the changes are twofold: reducing the number of deputies and consolidating elections. The first of these modifies Article 81, adjusting the number of representatives in the House of Deputies. Previously totaling 190 members, this number has now been reduced to 137, a decrease of 53 deputies overall, as follows:
“One hundred fifty-eight deputies elected by territorial district, distributed in proportion to population, with no fewer than two representatives per province.”
This substantially limits the number of representatives, ensuring that areas with larger electorates, like the National District with its 2,769,589 voters, have greater representation in the lower house, while still guaranteeing at least two representatives per province to maintain regional representation. The election of deputies by national vote accumulation and the representation of Dominicans abroad, with five and seven congress members respectively, remains unchanged.
Additionally, Article 209, concerning national assemblies, has been amended to mandate that electoral colleges open every four years to elect all officials, from the president to municipal authorities. These elections are to take place on the third Sunday of May, with Article 274 on constitutional periods modified to stipulate that all elected officials conclude their terms on August 16 every four years, when the new constitutional period begins.
The first paragraph of the previous constitution regarding the municipal election period has been removed, promoting the paragraph on the cessation and replacement of officials and adding a new second paragraph outlining the mechanism to follow in the event of a vacancy in municipal succession.
Finally, updates to the Judiciary include the creation of the Office of General Counsel for Public Administration, previously the Office of Administrative Attorney General, now reporting directly to the Executive Branch. Furthermore, the selection of the Attorney General of the Republic will now be carried out by the National Council of the Judiciary, with candidates proposed by the president. Likewise, the council will select deputy attorneys general, with the Attorney General of the Republic removed from the Council and replaced by the President of the Constitutional Court. These changes aim to enhance judicial independence and strengthen the Public Ministry’s commitment to representing the state in relevant matters.
In the coming days, the public’s response to these constitutional amendments will be observed, particularly regarding the lack of compliance with Article 272 on the requirement for a referendum. Although the reforms are both modern and necessary, they should ideally have been conducted by constitutional protocol. Nevertheless, these modifications enhance the relevance and modernization of our constitution, reinforcing the distinction and importance of the three branches of government in promoting national development.