Constitution of Panama
Encyclopedia
Panama
is governed under the Constitution of Panama of 1972 as amended in 1978, 1983, 1993, 1994, and 2004. This is Panama's fourth constitution
, previous constitutions having been adopted in 1904, 1941, and 1946. The differences among these constitutions have been matters of emphasis and have reflected the political circumstances existing at the time of their formulation.
the right to "intervene in any part of Panama, to reestablish public peace and constitutional order." Reflecting provisions of the Hay-Bunau-Varilla Treaty
, this confirmed Panama's status as a de facto
protectorate
of the United States. Article 136, along with other provisions of the Hay-Bunau-Varilla Treaty, such as that giving the United States the right to add additional territory to the Canal Zone
whenever it believed this was necessary for defensive purposes, rankled Panamanian nationalists
for more than three decades.
's first, brief presidential term, not only ended Panama's constitutionally mandated protectorate status, but also reflected the president's peculiar political views. Power was concentrated in the hands of the president whose term, along with that of members of the legislature, was extended from four to six years. Citizenship
requirements were added that discriminated against the nation's English-speaking black community and other non-Hispanic minorities.
In October 1941, President Arias was deposed by the National Police (the predecessor of the National Guard and FDP), and the presidency was assumed by Ricardo Adolfo de la Guardia Arango
. In 1946 President de la Guardia promulgated a new constitution, which was basically a return to the 1904 document without the offensive Article 136.
, eleven constitutional guarantees, including freedom of speech
, press
, and travel
, were suspended for several months, and some were not restored fully until after the adoption of the 1972 Constitution. The 1972 Constitution was promulgated by General Torrijos
and reflected the dominance of the political system by the general and the military.
Article 277 of the 1972 Constitution designated Torrijos as the "Maximum Leader
of the Panamanian Revolution," granting him extraordinary powers for a period of six years, including the power to appoint most government officials and to direct foreign relations. On October 11, 1978, this and other temporary provisions of the 1972 Constitution expired, and a series of amendments, ratified by the Torrijos-controlled National Assembly of Municipal Representatives
, became law. These amendments called for a gradual return to democratic political processes between 1978 and 1984 and were designed, in part, to assuage United States concerns over the undemocratic nature of the Panamanian political system.
. The sixteen-member commission changed nearly half of the Constitution's articles, producing several significant alterations. Article 2 had given the military a special political role, but all mention of this was omitted in the revised draft. The legislature was also revamped. The National Legislative Council was eliminated, and the unwieldy, government-controlled National Assembly of Municipal Representatives, which had 505 representatives, one from each corregimiento
(municipal subdistrict), became the Legislative Assembly, with 67 members apportioned on the basis of population and directly elected. The independence of the judiciary and the Electoral Tribunal were strengthened, the term of the president was reduced to five years, and two vice presidents were to be elected. Guarantees of civil liberties were strengthened, and official support for candidates in elections was, at least in theory, severely restricted.
and Colombia
." Any ceding, leasing, or other alienation of this territory to any other state is expressly forbidden. Spanish is the country's national language.
Citizenship
may be acquired by birth or naturalization
. Articles 17 through 50 guarantee a broad range of individual rights
, including property rights, but Article 51 gives the president power to suspend many of these by declaring a "state of emergency
." Articles 52 through 124 establish the role of the state in protecting the family, regulating labor conditions, promoting education and culture, providing assistance for health and other areas of social security, promoting agriculture, and protecting the environment.
After the elaboration of the composition, powers, and duties of the various organs of the governmental system, the Constitution ends with descriptions of the state's responsibilities with respect to the national economy, public administration, and national security. Engaging in economic activities, for example, is primarily the function of private individuals, but the state will "orient, direct, regulate, replace, or create according to social necessities . . . with the object of increasing national wealth and to ensure its benefits for the largest possible number of the nation's inhabitants." Article 308 provides for amending the Constitution, either through approval of amendments without modification by an absolute majority of two successive elected assemblies or approval with modifications by two assemblies and subsequent ratification of the modified text by a national referendum.
provisions for purely political purposes. Creating public confidence in the rule of law established by the Constitution presented the government with one of its major challenges in the late 1980s.
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
is governed under the Constitution of Panama of 1972 as amended in 1978, 1983, 1993, 1994, and 2004. This is Panama's fourth constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, previous constitutions having been adopted in 1904, 1941, and 1946. The differences among these constitutions have been matters of emphasis and have reflected the political circumstances existing at the time of their formulation.
1904 constitution
The 1904 constitution, in Article 136, gave the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
the right to "intervene in any part of Panama, to reestablish public peace and constitutional order." Reflecting provisions of the Hay-Bunau-Varilla Treaty
Hay-Bunau Varilla Treaty
The Hay–Bunau-Varilla Treaty was a treaty signed on November 18, 1903, by the United States and Panama, that established the Panama Canal Zone and the subsequent construction of the Panama Canal...
, this confirmed Panama's status as a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
protectorate
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
of the United States. Article 136, along with other provisions of the Hay-Bunau-Varilla Treaty, such as that giving the United States the right to add additional territory to the Canal Zone
Panama Canal Zone
The Panama Canal Zone was a unorganized U.S. territory located within the Republic of Panama, consisting of the Panama Canal and an area generally extending 5 miles on each side of the centerline, but excluding Panama City and Colón, which otherwise would have been partly within the limits of...
whenever it believed this was necessary for defensive purposes, rankled Panamanian nationalists
Nationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
for more than three decades.
1941 constitution
In 1939 the United States abrogated its right of intervention in internal Panamanian affairs with the ratification of the Hull-Alfaro Treaty. The 1941 constitution, enacted during Arnulfo AriasArnulfo Arias
Dr. Arnulfo Arias Madrid was president of Panama on three occasions: 1940–41, 1949–51, and for two weeks in October 1968.- Origins :...
's first, brief presidential term, not only ended Panama's constitutionally mandated protectorate status, but also reflected the president's peculiar political views. Power was concentrated in the hands of the president whose term, along with that of members of the legislature, was extended from four to six years. Citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
requirements were added that discriminated against the nation's English-speaking black community and other non-Hispanic minorities.
In October 1941, President Arias was deposed by the National Police (the predecessor of the National Guard and FDP), and the presidency was assumed by Ricardo Adolfo de la Guardia Arango
Ricardo Adolfo de la Guardia Arango
Ricardo Adolfo de la Guardia Arango was president of Panama from October 9, 1941 to June 15, 1945. He did not belong to any political party....
. In 1946 President de la Guardia promulgated a new constitution, which was basically a return to the 1904 document without the offensive Article 136.
1972 constitution
The 1946 constitution was in effect for twenty-six years. Following the 1968 military coupCoup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
, eleven constitutional guarantees, including freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, and travel
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
, were suspended for several months, and some were not restored fully until after the adoption of the 1972 Constitution. The 1972 Constitution was promulgated by General Torrijos
Omar Torrijos
Omar Efraín Torrijos Herrera was the Commander of the Panamanian and National Guard and the de facto leader of Panama from 1968 to 1981...
and reflected the dominance of the political system by the general and the military.
Article 277 of the 1972 Constitution designated Torrijos as the "Maximum Leader
Maximum Leader
The title of "Maximum Leader" has been used by, or to describe, a number of politicians, including, but not limited to:* Fidel Castro...
of the Panamanian Revolution," granting him extraordinary powers for a period of six years, including the power to appoint most government officials and to direct foreign relations. On October 11, 1978, this and other temporary provisions of the 1972 Constitution expired, and a series of amendments, ratified by the Torrijos-controlled National Assembly of Municipal Representatives
National Assembly of Panama
The National Assembly , formerly the Legislative Assembly , is the legislative branch of the government of the Republic of Panama.It is a unicameral legislature, currently made up of 71 members, who serve five-year terms...
, became law. These amendments called for a gradual return to democratic political processes between 1978 and 1984 and were designed, in part, to assuage United States concerns over the undemocratic nature of the Panamanian political system.
Amendings
In 1983 a commission representing various political parties was created to amend further the Constitution in preparation for the 1984 electionsPanamanian general election, 1984
The Panama held a general election on 6 May 1984, electing both a new President of the Republic and a new Legislative Assembly.-Background:Under October 1978 legislation, eight parties had met quotas of 30,000 valid signatures by 1 April 1983, in order to legally nominate candidates in future...
. The sixteen-member commission changed nearly half of the Constitution's articles, producing several significant alterations. Article 2 had given the military a special political role, but all mention of this was omitted in the revised draft. The legislature was also revamped. The National Legislative Council was eliminated, and the unwieldy, government-controlled National Assembly of Municipal Representatives, which had 505 representatives, one from each corregimiento
Corregimientos of Panama
In Panama a corregimiento is a subdivision of a district.See*Coclé Province#Districts...
(municipal subdistrict), became the Legislative Assembly, with 67 members apportioned on the basis of population and directly elected. The independence of the judiciary and the Electoral Tribunal were strengthened, the term of the president was reduced to five years, and two vice presidents were to be elected. Guarantees of civil liberties were strengthened, and official support for candidates in elections was, at least in theory, severely restricted.
Constitution
The amended Constitution contains 312 articles. Power emanates from the people and is exercised by the three branches of government, each of which is "limited and separate," but all of which, in theory, work together in "harmonious collaboration." The national territory is defined as "the land area, the territorial sea, the submarine continental shelf, the subsoil, and air space between Costa RicaCosta Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
and Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
." Any ceding, leasing, or other alienation of this territory to any other state is expressly forbidden. Spanish is the country's national language.
Citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
may be acquired by birth or naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
. Articles 17 through 50 guarantee a broad range of individual rights
Individual rights
Group rights are rights held by a group rather than by its members separately, or rights held only by individuals within the specified group; in contrast, individual rights are rights held by individual people regardless of their group membership or lack thereof...
, including property rights, but Article 51 gives the president power to suspend many of these by declaring a "state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
." Articles 52 through 124 establish the role of the state in protecting the family, regulating labor conditions, promoting education and culture, providing assistance for health and other areas of social security, promoting agriculture, and protecting the environment.
After the elaboration of the composition, powers, and duties of the various organs of the governmental system, the Constitution ends with descriptions of the state's responsibilities with respect to the national economy, public administration, and national security. Engaging in economic activities, for example, is primarily the function of private individuals, but the state will "orient, direct, regulate, replace, or create according to social necessities . . . with the object of increasing national wealth and to ensure its benefits for the largest possible number of the nation's inhabitants." Article 308 provides for amending the Constitution, either through approval of amendments without modification by an absolute majority of two successive elected assemblies or approval with modifications by two assemblies and subsequent ratification of the modified text by a national referendum.
History
Panama's successive constitutions have been respected in varying degrees by the republic's governments. Since the 1968 coup, opponents of various governments have accused them of violating the spirit and, at times, the letter of the Constitution and of invoking the state of emergencyState of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
provisions for purely political purposes. Creating public confidence in the rule of law established by the Constitution presented the government with one of its major challenges in the late 1980s.