NewsWhore
01-05-2011, 04:10 PM
The deputy chief magistrate of the Supreme Court of Justice (SCJ), Rafael Luciano Pichardo, said that in accordance with article 277 of the Constitution, constitutional violations in cases definitely judged can be reviewed by the Constitutional Court (TC).
According to Diario Libre, Luciano Pichardo is of the opinion that the only exceptions are constituted by those sentences that have acquired the authority of res judicata at the moment of the promulgation of the new Constitution.
The well-known jurist and magistrate expressed this stance during a lecture in Albacete, Spain, with the title "The procedures of Constitutional Reform. The Dominican experience", which was published in the journal "Judicial Reform", Number 4, Year 2, of October 2010, edited by the Support Commission for the Reform and Modernization of Justice.
Judge Luciano's opinion reads as follows: "This is why we find the following provision in article 277 of the Constitution: "All judicial decisions that have acquired the authority of res judicata, especially those handed down in the exercise of the direct constitutional control by the Supreme Court of Justice, up to the moment that the Constitution was proclaimed, cannot be examined by the Constitutional Tribunal, and the later decisions will be subject to the procedure that the law determines for these cases". And this is so, in order to temper the severity that is written into the second part of article 185 of the Constitution which says, referring to the Constitutional Tribunal: "Its decisions are definitive and irrevocable and constitute binding precedents for the public powers and all the organs of the State....". In other words: This rule clears up the doubts that possible constitutional violations can be reviewed in cases of res judicata issued before the new Constitution came into effect on 26 January 2010".
More... (http://www.dr1.com/index.html#4)
According to Diario Libre, Luciano Pichardo is of the opinion that the only exceptions are constituted by those sentences that have acquired the authority of res judicata at the moment of the promulgation of the new Constitution.
The well-known jurist and magistrate expressed this stance during a lecture in Albacete, Spain, with the title "The procedures of Constitutional Reform. The Dominican experience", which was published in the journal "Judicial Reform", Number 4, Year 2, of October 2010, edited by the Support Commission for the Reform and Modernization of Justice.
Judge Luciano's opinion reads as follows: "This is why we find the following provision in article 277 of the Constitution: "All judicial decisions that have acquired the authority of res judicata, especially those handed down in the exercise of the direct constitutional control by the Supreme Court of Justice, up to the moment that the Constitution was proclaimed, cannot be examined by the Constitutional Tribunal, and the later decisions will be subject to the procedure that the law determines for these cases". And this is so, in order to temper the severity that is written into the second part of article 185 of the Constitution which says, referring to the Constitutional Tribunal: "Its decisions are definitive and irrevocable and constitute binding precedents for the public powers and all the organs of the State....". In other words: This rule clears up the doubts that possible constitutional violations can be reviewed in cases of res judicata issued before the new Constitution came into effect on 26 January 2010".
More... (http://www.dr1.com/index.html#4)