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Legal certainty and constitutional protections in the Dominican Republic
Legal certainty in the Dominican Republic is defined by the intersection of several constitutional principles that allow citizens and businesses to plan for the future without fear of sudden, arbitrary changes to the rules. Key protections include Article 110, which establishes the non-retroactivity of laws, Article 50, which protects freedom of enterprise, Article 40.15, which requires state actions to be reasonable, and Article 39, which mandates the state to create conditions for real equality.
The Constitutional Court, through ruling TC/0049/13, has clarified the relationship between economic freedom and state regulation. The Court ruled that while individuals have the right to allocate capital and engage in economic activities, the State maintains the authority to regulate these sectors, provided such regulations are reasonable and proportional.
Entities
Constitución de la República Dominicana · Friedrich Hayek · Tribunal Constitucional de la República Dominicana