Dominican Republic and Haiti: Country Studies
by Helen Chapin Metz et al by Helen Chapin Metz et al
Dominican Republic and Haiti: Country Studies tern continued in the next decade, when the leader of the Blue Party (Partido Azul), Gregorio Luperon, called for a National Convention to enact a new liberal constitution. The new constitution was enacted in 1880. This text, in turn, was reformed three more times before the end of the century (in 1881, 1887, and 1897). In 1907 and 1908, political changes were once again associated with constitutional modifications. By 1880, however, the liberal constitutional doctrine, although not the practice, had emerged triumphant. Constitutional manipulation and hypocrisy continued in the twentieth century, particularly during Trujillo's period in power, when seven constitutional reforms occurred. There was formal obedience to constitutional and electoral requirements, although neither Congress nor the courts were autonomous, the population had no basic rights, and election results were carefully orchestrated. For example, in response to international pressure for democratization following the end of World War II, Trujillo permitted two regime-sponsored opposition parties to run in the 1947 elections; each officially received a similar vote ofjust under 4 percent of the total, which was carefully distributed so that each could win exactly one deputy seat. In 1963, following his decisive victory in the presidential elections and his comfortable majority in Congress, Bosch decided to proceed with a significant revision of the country's constitution. The new constitution was promulgated in May 1963. In many ways, the constitution, which included prohibition of presidential reelection, was a model democratic text. However, it drew sharp attacks from conservative and business forces because it curtailed some of the traditional rights of the church and foresaw the possibility of expropriation of property and control of foreign investment. One of the first actions by the military that overthrew Bosch was to declare the new constitution "nonexistent." In turn, over the next several years Bosch sought to "return to constitutional power without elections," ultimately setting the stage for the 1965 conflict between "constitutionalist" and "loyalist" forces that led to the United States intervention. Following his inauguration as president, Balaguer proceeded to enact a new constitution through Congress. The November 1966 constitution (with important modifications made in 1994) is the text under which the country's democracy currently operates. The new text enhanced presidential powers and permitted unlimited presidential reelection (until 1994), 172
Dominican Republic: Government and Politics while removing material objectionable to church and business interests. The Executive Within the Dominican Republic, the 1966 constitution is widely viewed as giving the president extraordinary powers (see fig. 5). Although the formal powers of the president are fairly extensive, in fact they are more limited than in several other Latin American countries, given the absence of extensive decree powers, constitutional budgetary powers, a partial veto, and the ability to force referenda. The president has often been perceived as having near-dictatorial powers because of the willingness of some incumbents, particularly Balaguer, to abuse the powers of their office in the absence of effective checks from the legislature or the judiciary. In doing so, such incumbents built upon historical patterns of patrimonialism and strong-man rule that had gained a degree of support in society. Thus, Balaguer and, to a much lesser extent, other presidents during this period assumed vast informal (and sometimes unconstitutional) powers to create taxes, set budgets by decree, spend money, and ignore numerous laws. In contrast, when presidents have sought to govern in a fashion that is more democratic and more respectful of the other branches of government, such as is largely the case with Leonel Fernandez Reyna, who has governed with only minority support in Congress and with a more independent judiciary, their power has appeared more limited and constrained. The constitution vests executive power in a president who is elected by direct popular vote and whose term of office is four years. Until 1994 nothing in the constitution prohibited a president from seeking reelection. Balaguer was reelected in 1970 and in 1974; following defeats in 1978 and 1982, he was elected again to the presidency in 1986. He was reelected in 1990 and again in 1994. Well-documented allegations of fraud, however, led to international pressure and an internal political crisis that was finally resolved by negotiation and constitutional reform: Balaguer's presidential term was shortened to two years, and the constitution was amended to prohibit immediate presidential reelection. The 1994 reform also introduced a mandatory second round among the top two vote getters in presidential elections if no candidate received a majority of the votes cast in the first round. 173
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<strong>Dominican</strong> <strong>Republic</strong>: Government <strong>and</strong> Politics<br />
while removing material objectionable to church <strong>and</strong> business<br />
interests.<br />
The Executive<br />
Within the <strong>Dominican</strong> <strong>Republic</strong>, the 1966 constitution is<br />
widely viewed as giving the president extraordinary powers (see<br />
fig. 5). Although the formal powers of the president are fairly<br />
extensive, in fact they are more limited than in several other<br />
Latin American countries, given the absence of extensive<br />
decree powers, constitutional budgetary powers, a partial veto,<br />
<strong>and</strong> the ability to force referenda.<br />
The president has often been perceived as having near-dictatorial<br />
powers because of the willingness of some incumbents,<br />
particularly Balaguer, to abuse the powers of their office in the<br />
absence of effective checks from the legislature or the judiciary.<br />
In doing so, such incumbents built upon historical patterns<br />
of patrimonialism <strong>and</strong> strong-man rule that had gained a<br />
degree of support in society. Thus, Balaguer <strong>and</strong>, to a much<br />
lesser extent, other presidents during this period assumed vast<br />
informal (<strong>and</strong> sometimes unconstitutional) powers to create<br />
taxes, set budgets by decree, spend money, <strong>and</strong> ignore numerous<br />
laws. In contrast, when presidents have sought to govern in<br />
a fashion that is more democratic <strong>and</strong> more respectful of the<br />
other branches of government, such as is largely the case with<br />
Leonel Fern<strong>and</strong>ez Reyna, who has governed with only minority<br />
support in Congress <strong>and</strong> with a more independent judiciary,<br />
their power has appeared more limited <strong>and</strong> constrained.<br />
The constitution vests executive power in a president who is<br />
elected by direct popular vote <strong>and</strong> whose term of office is four<br />
years. Until 1994 nothing in the constitution prohibited a president<br />
from seeking reelection. Balaguer was reelected in 1970<br />
<strong>and</strong> in 1974; following defeats in 1978 <strong>and</strong> 1982, he was elected<br />
again to the presidency in 1986. He was reelected in 1990 <strong>and</strong><br />
again in 1994. Well-documented allegations of fraud, however,<br />
led to international pressure <strong>and</strong> an internal political crisis that<br />
was finally resolved by negotiation <strong>and</strong> constitutional reform:<br />
Balaguer's presidential term was shortened to two years, <strong>and</strong><br />
the constitution was amended to prohibit immediate presidential<br />
reelection. The 1994 reform also introduced a m<strong>and</strong>atory<br />
second round among the top two vote getters in presidential<br />
elections if no c<strong>and</strong>idate received a majority of the votes cast in<br />
the first round.<br />
173