Military disciplinary proceedings and constitutional law

Giovanni Matos writes here in Diario Libre:

The recent jurisprudence of the Constitutional Court of the Dominican Republic on the disciplinary regime of lawyers has reopened one of the most important debates for contemporary Dominican constitutionalism: the limits of the regulatory power of the Executive Branch when fundamental rights are at stake .

This is no small matter. In a constitutional democracy , the state 's power to impose sanctions cannot be exercised outside the principles of legality and statutory reservation. Precisely for this reason, the recent decisions of the Constitutional Court regarding the disciplinary regime of the Dominican Republic Bar Association have prompted reflection that transcends the professional sphere of law and extends to other state institutions subject to special disciplinary regimes, particularly the Armed Forces .

The question is as simple as it is momentous: can a presidential decree create disciplinary sanctions that involve arrest or confinement, or do such measures necessarily require a formal law approved by the National Congress?

So the question seems to be whether military justice must be regulated by legislation or executive branch decree.