Constitution of Panama

Constitution of Panama
Country	Panama
Created	1972
Ratified	1972
Date enacted	1972
System	Unitary presidential constitutional republic
Chambers	Unicameral

Constitution of Panama. The Constitution of Panama is the supreme law of Panama, a country located in Central America, bordered by Costa Rica to the west, Colombia to the southeast, the Caribbean Sea to the north, and the Pacific Ocean to the south. The constitution was adopted in 1972 and has undergone several amendments, with the most recent being in 2004, under the leadership of Mireya Moscoso, the first female President of Panama. The constitution is based on the principles of democracy, sovereignty, and the protection of human rights, as outlined in the Universal Declaration of Human Rights and the American Convention on Human Rights.

History of the Constitution

The history of the Constitution of Panama dates back to 1904, when Panama gained its independence from Colombia with the support of the United States, led by Theodore Roosevelt, and the Hay-Bunau-Varilla Treaty. The first constitution was adopted in 1904 and was influenced by the United States Constitution and the French Constitution. Over the years, the constitution has undergone several changes, with significant reforms in 1946, 1956, and 1972, under the leadership of Omar Torrijos, a key figure in Panamanian politics. The 1972 constitution established Panama as a unitary presidential constitutional republic, with a President of Panama serving as both the head of state and head of government, similar to the systems in Argentina and Brazil. The constitution has been amended several times, with the most recent amendments being in 2004, which aimed to strengthen the judiciary and promote transparency and accountability, in line with the principles of the Inter-American Convention against Corruption.

Preamble and Fundamental Principles

The preamble of the Constitution of Panama sets out the fundamental principles of the state, including the protection of human rights, the promotion of social justice, and the preservation of national sovereignty, as enshrined in the Charter of the United Nations and the Organization of American States. The constitution is based on the principles of democracy, equality, and justice, as outlined in the Universal Declaration of Human Rights and the American Convention on Human Rights. The fundamental principles of the constitution include the protection of life, liberty, and security of person, as well as the promotion of education, health, and social welfare, in line with the principles of the World Health Organization and the United Nations Educational, Scientific and Cultural Organization. The constitution also recognizes the importance of environmental protection and the preservation of natural resources, as outlined in the Rio Declaration on Environment and Development and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Structure of Government

The Constitution of Panama establishes a unitary presidential constitutional republic form of government, with a President of Panama serving as both the head of state and head of government, similar to the systems in Argentina and Brazil. The National Assembly of Panama is the unicameral legislature, composed of 71 members elected by proportional representation for a term of 5 years, using a system similar to that of Germany and Italy. The Supreme Court of Panama is the highest court in the land, responsible for interpreting the constitution and ensuring that laws are consistent with its provisions, in line with the principles of the European Court of Human Rights and the Inter-American Court of Human Rights. The constitution also establishes an independent judiciary, a public ministry, and a comptroller general, similar to the systems in Chile and Uruguay.

Rights and Freedoms

The Constitution of Panama protects a wide range of human rights and freedoms, including the right to life, liberty, and security of person, as well as the right to freedom of speech, freedom of assembly, and freedom of association, as enshrined in the Universal Declaration of Human Rights and the American Convention on Human Rights. The constitution also recognizes the right to education, health, and social welfare, as well as the right to work and social security, in line with the principles of the International Labour Organization and the World Health Organization. The constitution prohibits discrimination on the basis of race, sex, religion, or national origin, and recognizes the rights of indigenous peoples and minorities, as outlined in the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of Persons with Disabilities.

Amendments and Reforms

The Constitution of Panama has undergone several amendments and reforms since its adoption in 1972, with the most recent amendments being in 2004, under the leadership of Mireya Moscoso, the first female President of Panama. The amendments aimed to strengthen the judiciary and promote transparency and accountability, in line with the principles of the Inter-American Convention against Corruption and the United Nations Convention against Corruption. The constitution can be amended by a two-thirds majority in the National Assembly of Panama or by a national referendum, using a system similar to that of Switzerland and Iceland. The constitution also establishes a Constitutional Court to review the constitutionality of laws and government actions, similar to the systems in France and Germany.

Judicial Review and Interpretation

The Constitution of Panama establishes the Supreme Court of Panama as the highest court in the land, responsible for interpreting the constitution and ensuring that laws are consistent with its provisions, in line with the principles of the European Court of Human Rights and the Inter-American Court of Human Rights. The Supreme Court of Panama has the power of judicial review, which allows it to declare laws and government actions unconstitutional, similar to the systems in United States and Canada. The court is composed of 9 members appointed by the President of Panama and confirmed by the National Assembly of Panama, using a system similar to that of Australia and New Zealand. The constitution also establishes a Constitutional Court to review the constitutionality of laws and government actions, similar to the systems in France and Germany. The Constitutional Court is composed of 5 members appointed by the President of Panama and confirmed by the National Assembly of Panama, using a system similar to that of Spain and Portugal.

Category:Constitutions