1. main functions of the public powers
Article 4 of the Constitution of the Dominican Republic establishes the division of the government of the Nation into three public powers: the legislative, the executive, and the judicial. This provision also guarantees the independence of each power in the exercise of its functions, as well as the responsibility of those who hold public office. None of these powers may delegate the functions assigned to them, which are determined by the Constitution and the laws.
Taken together, the three public powers constitute the government of the Nation. Individually, however, each branch of government performs specific and differentiated functions.
According to Luis López Guerra, in his book Introduction to Constitutional Law, the principle of separation of powers remains relevant for at least two fundamental reasons:
a) First, by guaranteeing the differentiation between the legislative power (Parliament) and the executive power (Government), the separation of powers preserves the distinctive nature of the legislative procedure, which is based on debate and publicity. This allows for the participation of minorities and enables parliamentary control over the government. The legislative branch thus remains a focal point for public debate, criticism, and the discussion of political alternatives.
b) Second, the separation of powers ensures the independence of the judiciary, expressed in the independence of each judge with respect to the other branches of the State. This independence is a cornerstone of the rule of law and a fundamental guarantee for the protection of rights.
In the Dominican Republic, the system of government is presidential. Executive power is exercised by a President of the Republic, elected by direct popular vote for a four-year term. The powers and responsibilities of the President, as Head of State and Head of Government, are established by the Constitution and include directing public policy, administering the State, and ensuring compliance with the Constitution and the laws.
The legislative power is exercised by the National Congress, composed of the Senate and the Chamber of Deputies, whose main function is the enactment of laws, as well as the political oversight of the executive branch. Judicial power is exercised by the courts, headed by the Supreme Court of Justice, and is responsible for administering justice and guaranteeing the supremacy of the Constitution and the legal order.
These powers are described in the Constitution, specifically in Article 128. In general terms, the President of the Republic is responsible for directing domestic and foreign policy, as well as the civil and military administration, and serves as the supreme authority over all State security bodies. As Head of State, the President carries out all representative functions of the State and is also responsible for promulgating and publishing the laws enacted by Congress. The President issues regulations, decrees, and instructions in matters deemed necessary and oversees all functions related to national security, including appointments within the Armed Forces and the National Police, as established by the Constitution.
In the President’s capacity as Head of Government, he or she appoints the cabinet, composed of ministers and vice ministers; designates the heads of autonomous and decentralized State bodies and agencies; enters into contracts subject to approval by the National Congress; ensures the proper collection and faithful investment of national revenues; and submits the national budget to Congress for approval. Acting simultaneously as Head of State and Head of Government, the President also appoints ambassadors accredited abroad with the approval of the Senate, directs diplomatic negotiations, authorizes or denies municipalities permission to dispose of real estate, and exercises all other powers conferred by the Constitution and the laws.
As previously noted, one of the core functions of the executive branch is its budgetary authority, which is subject to approval by the National Congress.
Legislative power in the Dominican Republic is exercised by the Senate of the Republic and the Chamber of Deputies, which together constitute the National Congress.
In general terms, the function exercised by the Senate and the Chamber of Deputies is the legislative function, namely the enactment of norms of a general and binding nature, applicable to all branches of government and citizens alike. These norms form part of the superior hierarchy of the legal system and are subject solely to constitutional mandates.
López Guerra explains, in the text cited elsewhere in this paper, that the legislative function, in the development of constitutionalism, has been nuanced, since it does not imply that the monopoly over normative activity belongs exclusively to the legislative branch. Rather, other branches of the State may also issue norms, as is the case in the Dominican Republic with the regulatory power vested in the executive branch. Likewise, the aforementioned author points out that legislative initiative is not exclusive to the legislative branch, but instead involves collaboration with other branches of government, thus making them participants in the legislative procedure.
In the Dominican Republic, this nuance can be observed in the provisions of Article 96 of the Constitution, which establish that, in the formation of laws, legislative initiative is vested not only in the members of Congress, but also in the President of the Republic, the Supreme Court of Justice in judicial matters, and the Central Electoral Board in electoral matters.
The members of the Senate and the Chamber of Deputies are elected by direct universal suffrage, in the manner established by law. The specific powers of the Senate are set forth in Article 80 of the Dominican Constitution and include, among others, approving or rejecting the appointment of ambassadors and heads of permanent diplomatic missions accredited abroad, as submitted by the President of the Republic; electing, from lists submitted by the Chamber of Deputies, the members of the Chamber of Accounts; and electing the Ombudsman, as well as the members and alternates of the Central Electoral Board.
The Chamber of Deputies, for its part, has its powers established in Article 83 of the Constitution. Among these powers is the authority to impeach before the Senate public officials elected by popular vote, those elected by the Senate, and those appointed by the National Council of the Judiciary, for the commission of serious offenses in the exercise of their functions. It also submits to the Senate the lists of candidates for the election of the members of the Chamber of Accounts and the Ombudsman, in addition to the other functions established by the Constitution and the laws.
The Constitution also establishes functions that are common to both chambers, which, as noted, together constitute the National Congress. These include joint powers in legislative matters, as well as in oversight and control of public administration.
The Judicial Branch is exercised by the Supreme Court of Justice and the other courts created by the Constitution and the laws. The judicial function consists of administering justice in order to decide disputes between natural or legal persons, in matters of private or public law, in all types of proceedings, judging and enforcing what has been adjudicated.
How can the relationships between the constitutional organs of the State be characterized in the Spanish, Dominican, and Costa Rican systems?
It must be clearly established that the constitutional organs of the State are those that derive their status and essential competences directly from the Constitution.
In the first part of this paper, we have been able to observe how the three branches of government operate in the Dominican Republic and how they interact with one another. These relationships can be seen both in the need of the executive branch to obtain approval from Congress for many matters inherent to its functions, such as the national budget, and in the requirement that the executive branch promulgate the laws enacted by Congress. The judicial branch, while enjoying unquestionable independence, also possesses legislative initiative. In this sense, an analysis of the functions of the three branches of government allows us to verify their constant interaction.
The Spanish system differs from the Dominican one, since Spain is a parliamentary monarchy. According to Article 56 of the Spanish Constitution, the King is the Head of State and the symbol of the unity and permanence of the State. Legislative power is exercised by the so-called Cortes Generales, which control the Government through an imperfect bicameral system, given that the functions of each chamber are not equivalent. The Cortes are composed of Senators and Deputies elected for a four-year term.
Executive power is exercised by the President of the Government. Article 97 of the Spanish Constitution establishes that the President directs domestic and foreign policy, the civil and military administration, and the defense of the State.
…civil and military administration and the defense of the State. He exercises executive power and regulatory authority in accordance with the Constitution and the laws. He is elected by the Congress of Deputies after being proposed by the King, as stated in Article 99 of the Spanish Constitution. The Judicial Branch in Spain has a structure similar to that of the Dominican Republic, in which justice is administered by judges, under a framework that includes a General Council of the Judiciary as the governing body of the judges, and a Supreme Court, which serves as the highest judicial instance.
In Costa Rica, the State is a democratic republic. Executive power is exercised by the President of the Republic, in a presidential system. Legislative power is unicameral, and the Judicial Branch is composed of the Supreme Court of Justice, which is the highest court, along with its various chambers, tribunals, and courts.
Bibliografía
“Disponible en Internet: Guías Jurídicas – Wolters Kluwer.”
https://guiasjuridicas.wolterskluwer.es/Content/Documento.aspx?params=H4sIAAAAAAAEAMtMSbF1jTAAAUNjEwsztbLUouLM_DxbIwMDCwNzAwuQQGZapUt-ckhlQaptWmJOcSoAchNtsTUAAAA=WKE.
