Strengths and weaknesses of the first dominican Constitution (1844)

Abstract

The first Constitution of the Dominican Republic, enacted in San Cristóbal in 1844, represented a foundational milestone in state organization and the definition of national sovereignty. Inspired by liberal models such as the U.S. Constitution of 1787, the French Constitution of 1791, the Spanish Constitution of Cádiz of 1812, and the Haitian Constitution of 1816, it introduced principles of popular sovereignty, separation of powers, and the abolition of slavery. However, the imposition of the controversial Article 210 by Pedro Santana, which granted the president extraordinary powers without legal accountability, generated a structural contradiction: a liberal charter coexisting with authoritarian practices. The 209-article text established significant advances, such as equality before the law, citizenship based on ius soli and ius sanguinis, and a republican system. Nonetheless, voting restrictions, the indirect election of the executive branch, and the extraordinary powers clause reflected the institutional fragility of the period. The 1844 Constitution marked the beginning of Dominican constitutionalism, characterized by a pendulum between liberal reforms and conservative restorations, showing both strengths in building a modern state and weaknesses that enabled the consolidation of authoritarian rule. This study examines the antecedents, the constituent process, doctrinal influences, and the legacy of the text, highlighting the tension between liberalism and authoritarianism that has shaped much of Dominican political history.