The document established the legal foundations of the new State, defined the organization of its powers, and laid the principles upon which the Dominican Republic was structured
SANTO DOMINGO. The Dominican Republic commemorates this Friday, November 6, the 182nd anniversary of its Constitution, a date that recalls the proclamation of its first Magna Carta in 1844 and highlights the value of this instrument as the foundation of the nation's legal, political, and institutional order.
The Constitution constitutes the legal framework that regulates the functioning of the State, determines the powers of the authorities, establishes limits on the exercise of public power, and recognizes the rights and duties of citizens. In this sense, its importance lies in the fact that it represents the supreme law, to which all other laws and the actions of national institutions must conform.
How did the first Dominican Constitution come about?
The origin of the first Magna Carta dates back to the months following the proclamation of National Independence, on February 27, 1844. After separating from Haiti, the leaders of the nascent Republic faced the challenge of organizing the State and establishing the provisions that would guide its political and social functioning.
Until then, the Dominican territory lacked its own Constitution that formally defined the governmental structure, the responsibilities of its authorities, and the guarantees for the population. Therefore, it was necessary to draft a document that would serve as the foundation for the organization of the new nation.
Why was it necessary to create a Magna Carta?
The drafting of the Constitution was closely linked to the birth of the Dominican Republic as an independent state. Once separation from Haiti was achieved, the need arose to establish a system of government that would allow for the administration of the territory, the organization of institutions, and the consolidation of national sovereignty.
In that context, the Manifesto of January 16, 1844, a document that explained the reasons for the separation and the objectives of the independence movement, already contemplated the creation of a representative government and the development of a fundamental code.
Subsequently, after the proclamation of Independence, the Central Governing Board was established, an organization that assumed the leadership of the new State and had among its responsibilities the promotion of the institutional organization of the Republic.
Thus, the first Constitution was born as a response to the need to transform political independence into an organized state structure, through rules that regulated the exercise of authority and established the fundamental principles of the nation.
When were the constituents convened and who participated?
The formal procedure for drafting the first Magna Carta began on July 24, 1844, when the Central Governing Board issued a decree calling for elections to select the representatives who would make up the Constituent Assembly.
The elections took place between late August and early September of that year. As a result, 32 representatives were elected to represent the different communities of the Dominican Republic.
The Constituent Assembly was installed on September 24, 1844, in San Cristóbal. Its members came from different sectors of society at that time: seven were Catholic priests, six had held municipal positions, four practiced as lawyers, and the others included landowners and military personnel.
The proceedings were led by Manuel María Valencia, who was elected president of the Assembly. José María Caminero and Juan Luis Franco Bidó served as secretaries.
On the other hand, a commission was appointed to prepare the constitutional draft. This team was made up of five members of parliament:
- Vicente Mancebo.
- Buenaventura Báez.
- Manuel María Valencia.
- Julian de Aponte.
- Andrés Rosón.
These representatives were responsible for preparing the proposal that would later be submitted for discussion and approval by the plenary of the Constituent Assembly.
Who participated in the signing of the first Constitution?
Among the deputies linked to the process of drafting and signing the 1844 Constitution were:
- Buenaventura Báez and Vicente Mancebo: representatives of Azua.
- Andrés Rosón: representative of Baní.
- Antonio Giménez: representative of Bánica.
- Juan Acosta and Julián Aponte: representatives of El Seibo.
- Casimiro Cordero and Juan Reynoso: representatives of La Vega.
- Manuel María Valencia, Domingo de la Rocha and José María Caminero: representatives of Santo Domingo.
- MR Castellanos, Juan Luis Franco Bidó and Domingo Antonio Solano: representatives of Santiago.
- Antonio Gutiérrez: representative of Samaná.
Similarly, delegates from Higüey, Moca, Cotuí, Puerto Plata, Montecristi, San Cristóbal, San Juan and other locations participated.
The list of signatories includes other deputies whose names and districts are documented in the Dominican Political Observatory's study on the background of the first Constitution.
Where and when was the first Magna Carta proclaimed?
The first Dominican Constitution was approved, signed and proclaimed on November 6, 1844 in San Cristóbal, a province that became linked to one of the most transcendental events in the country's institutional history.
Precisely because of this fact, the document is also known as the Constitution of San Cristóbal.
The selection of this location as the Assembly's headquarters allowed legislators to carry out their work outside of Santo Domingo. Since September, the constituent assembly members held several sessions and dedicated weeks to debating and finalizing the constitutional draft.
Finally, on November 6 of that year, the work concluded with the approval of the first Magna Carta, through which the legal foundations of the Dominican Republic as an independent State were established.
What did the first Dominican Constitution establish?
The text approved in 1844 defined the essential principles upon which the new Republic should be organized. Among its main provisions were:
- The form of government: established a Republic with a civil, republican, popular, representative, elective and responsible system.
- National sovereignty: recognized Dominicans as a free, independent and sovereign nation.
- The separation of powers: organized the State into the Legislative, Executive and Judicial branches.
- Territorial organization: it established the division of the national territory into provinces.
- Nationality and rights: It incorporated provisions related to the status of Dominicans and their rights.
- The institutional structure: determined the functions of the main authorities and laid the foundations for the functioning of the State.
However, the approval of the document was accompanied by political differences between the sectors that led the newly created Republic.
One of the most debated aspects was Article 210, which granted broad powers to President Pedro Santana for the duration of the state of war and until a peace treaty was signed. This provision allowed him to adopt military and security measures without assuming responsibility for them during that period.
Therefore, although the Magna Carta established a republican structure based on the separation of powers, it also reflected the political and military tensions that characterized the first months of independent life.
Recommended readings:
- The Ministry of Labor confirms that Friday, November 6th will be a working day due to the transfer of the constitutional holiday
- Division of assets after a divorce: Constitutional Court protects registered property against the time limit for filing claims
- Academy of Sciences and UASD warn that the ruling on Jaragua could violate the Constitution
