Fuentes de la Regla de Derecho

The time period for law enactment, 10 days regular or 5 days urgent, starting after the Executive Power receives it.

The time frame for publishing the law, 10 days after promulgation, in both regular and urgent situations.

The process where the Executive branch reviews a law, offering changes if necessary, returning to the legislature with reasons.

The time frame (10 days regular, 5 days urgent) for the Executive branch to return a law with observations to the legislature.

The process where the legislative body evaluates and discusses the Executive's observations regarding the law

Legislative vote (2/3 majority) to either accept or reject the Executive's observations.

The allocated period of two ordinary legislatures to decide on Executive observations, after which the observations are considered accepted, if not rejected by a 2/3 majority.

The point where a formally declared law becomes legally binding.

Highest judicial body in the organization, overseeing all other courts.

Vertical structure of courts, from highest (SCJ) to lowest (e.g., judges of peace).

Intermediate courts between the SCJ and lower courts (first instance).

Made up of judges (at least 16), divided into specialized panels (salas).

Formal structure and design of the judiciary. A vertical and horizontal layout of how power is distributed.

Judicial council created in 2010, based on Spanish model, composed of 5 judges with specific terms.

Minimum number of judges needed for a valid court session and decision.

Specialized divisions of the SCJ handling different types of cases, like civil, criminal, and land disputes.

Exclusive authority of the Supreme Court to hear specific cases.

Supreme Court hears criminal cases involving high-ranking officials (e.g., President, Senators).

Legal process to overturn a lower court's decision by reviewing law application.

Determining if lower courts correctly applied the law in final decisions, not re-evaluating the case's merits.

Supreme Court examines if a lower court's verdict was consistent with the law.

Supreme Court serves as the final court for cases initially heard by appellate courts.

Supreme Court appoints judges in various court levels (e.g., appellate, trial).

Disagreement with the Supreme Court's casation decision allows further review with the Constitutional Court.

The Supreme Court of Justice sends a case back to a lower court for a second review.

The Supreme Court of Justice can annul (cancel) a lower court's ruling.

A process to check if laws, decrees, and resolutions follow the Constitution.

Procedural problems or errors in the creation of a law.

Problems with a law's content that make it contradict the Constitution.

A law is declared unconstitutional but remains in effect for a specific period.

Checks constitutionality as part of regular court procedures.

A separate process to directly challenge a law's constitutionality.

Organ that has the final say on constitutional matters in the Dominican Republic, ensuring the constitution's application.

The Constitutional Court, a body that interprets and enforces the constitution.

A law that does not comply with the constitution and is thus invalid.

The Constitutional Court has 13 members, making decisions by a majority of 9 or more.

A judge agrees with the decision of the court but disagrees with the reasons.

A decision or law applying to everyone, not just the parties involved in the specific case.

Legal doctrine stating that a case already decided cannot be re-litigated if the same parties, issue, and case are involved.

A judge disagrees fully or partially with the court's decision and its reasoning.

Judges of the Constitutional Court must meet qualifications similar to Supreme Court judges.

Review carried out by the Tribunal Constitucional before international treaties are ratified by the Dominican legislature.

Legal actions aimed at declaring laws, decrees, regulations, and other pronouncements as unconstitutional.

Judges serve a nine-year term, with exceptions possible for substitutes.

Exclusive jurisdiction of the Tribunal Constitucional in specific cases of alleged constitutional infractions in laws, decrees, and other official documents.

The court's composition is updated gradually every three years, with groups of judges replacing each other.

Transitional provisions in a law, specifying a plan for replacing judges in the Constitutional court, by groups.

Highest judicial body in the Dominican Republic that used to handle constitutional cases.