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Dominican Republic and Haiti: Country Studies

by Helen Chapin Metz et al

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<strong>Dominican</strong> <strong>Republic</strong>: Government <strong>and</strong> Politics<br />

president <strong>and</strong> other high officials, act as a court of cassation,<br />

serve as a court of last instance in matters forwarded from<br />

appellate courts, exercise final disciplinary action over other<br />

members of the judiciary, <strong>and</strong> transfer justices from one jurisdiction<br />

to another.<br />

Implementation of the 1994 constitutional reforms has been<br />

slow but significant. The Council of the Magistrature was<br />

formed in late 1996, <strong>and</strong> in August 1997 new members of the<br />

Supreme Court were named. This new Supreme Court is<br />

widely viewed as professional <strong>and</strong> nonpartisan, <strong>and</strong> for the first<br />

time in the country's history, business, professional, <strong>and</strong> middle-sector<br />

groups from civil society played an active role in the<br />

nomination <strong>and</strong> screening process. Critical judicial reforms<br />

have also made gradual progress. The Supreme Court evaluated<br />

<strong>and</strong> replaced many of the country's judges, leading to<br />

improvements in the system's efficiency <strong>and</strong> effectiveness. A<br />

law establishing a judicial career service was promulgated in<br />

August 1998, <strong>and</strong> in August 1999 a National School for the<br />

Judiciary was established to improve the training <strong>and</strong> the quality<br />

of the country's judges. With these changes, the quality of<br />

the country's judiciary <strong>and</strong> the historical subservience of the<br />

courts to the government in power appears to be changing<br />

slowly.<br />

Public Administration<br />

Historically, the <strong>Dominican</strong> <strong>Republic</strong> has been marked by a<br />

public administration dominated by patronage <strong>and</strong> clientelist<br />

relations, with nepotism, corruption, <strong>and</strong> inefficiency as common<br />

features. Although initial civil service legislation was<br />

passed under the United States military occupation of 1916-<br />

24, <strong>and</strong> changed several times thereafter, the legislation was<br />

never truly implemented. Indeed, the legislation was actually<br />

abolished in 1951 by President Trujillo. Under Trujillo, the<br />

state was largely an instrument for the benefit of the dictator;<br />

this meant there was little localized or decentralized corruption<br />

not countenanced by Trujillo or his closest cronies.<br />

Following the fall of Trujillo, no ruler retained as full a personalist<br />

control over the state <strong>and</strong> its personnel as he had experienced.<br />

Balaguer (1966-78; 1986-96) came closest, especially<br />

in his first twelve years in office. Under Balaguer 's administration,<br />

the executive centralized expenditures <strong>and</strong> power<br />

through contracts <strong>and</strong> patronage networks, <strong>and</strong> widely ignored<br />

administrative regulations <strong>and</strong> bureaucratic norms. Although<br />

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