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"Nobody is above the Constitution"

Milton Ray Guevara stressed the harmony that exists with the Supreme Court of Justice

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Nobody is above the Constitution
Milton Rey Guevara
SANTO DOMINGO. "No one is above the Constitution, not even the Constitutional Tribunal," proclaimed the presiding magistrate, who congratulated the harmony with which they work with the Supreme Court of Justice.

Milton Rey Guevara stressed that the Constitutional Tribunal (TC) complies with the regulations and the other government agencies should do the same so that there are no problems.

"Then, as is logical at the start there could be, at some moment, a situation, let's say, of conceptual disagreement, but this in no case means that there is going to be a problem, if each party fulfills its duty, because it so happens that in the Constitutional Tribunal they have not invented the review of sentences that have come from the Judicial Power," he said.

In his appearance on Dialogo Libre, the magistrate stressed that "all of us are subject to the Constitution." "Nobody is above the Constitution, no judge, no tribunal, no government agency in the Dominican Republic is above the Constitution," he stressed.

Guevara warned that there was a lot of conspiracies and enormous struggles to avoid the creation of the Constitutional Tribunal.

He gave as an example that in the first reading of the proposal to reform that served to proclaim the Constitution that went into effect on 26 January 2010, the TC was not listed in spite of the fact that during public hearings this tribunal had been highly recommended.

Rey Guevara explained that the creation of a chamber with certain independence, inside the Supreme Court of Justice was suggested, in order to avoid a confrontation with the Executive Branch. "Well this demonized and did not appear in the text. Then, during the second reading was when the Constitution Tribunal appeared," he recalled.

In the face of the devious panorama, he said that the forecasts that were done, which he said lacked all sorts of scientific or intellectual support, the Constitutional Tribunal has become an instrument that strengthens the guarantees the protection of the people's freedoms and fundamental rights. He suggested that from the first day the tribunal went to work, it has had excellent relations with the SCJ, both on the institutional level as well as on the personal level. He stressed the position of the Chief Justice of the SCJ and of the Council of the Judicial Power, Mariano German Mejia.

"There have been differences, it is normal, even inside a ministry, when you create a new agency that has come duties that seem like the ministry, at first there is a problem of getting started," he recognized.

He says that the Dominican Republic in not the only country where there coexists a Supreme Court of Justice and a Constitutional Tribunal, because there are many that have created this tribunal.

"I believe that we have gone very well, that there has not been a single case, I believe that this is the exception, what is being done here is to justify the rules."