Constitutional justice and jurisdiction distinguished in Dominican law

Magistrate José Alejandro Vargas outlines the essential distinction between constitutional justice and constitutional jurisdiction within the Dominican legal framework.

Constitutional justice is defined as a function rather than an organ. It encompasses the set of mechanisms designed to guarantee the effectiveness of the Constitution against any contradictory actions, ensuring public powers operate within constitutional limits and fundamental rights are protected. In the Dominican Republic, this is achieved through diffuse control by ordinary judges, amparo processes, and the constitutional review of jurisdictional decisions regulated by Law No. 137-11.

In contrast, constitutional jurisdiction refers to the organic aspect of the law. It identifies the specialized body entrusted with concentrated constitutional control. In the Dominican Republic, this role is fulfilled by the Constitutional Court, which provides definitive and binding decisions to ensure normative supremacy and unify constitutional interpretation.