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La constitución política de Panamá
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La constitución política de Panamá

Introduction and Overview

In this video, the speaker introduces themselves as Adolfo Díaz, a social sciences professor, and discusses the importance of the constitution in Panama. They mention that they will cover topics such as the classification, organization, evolution, and reforms of the Panamanian constitution.

What is a Constitution?

  • A constitution is the fundamental law of a state that includes the rights and freedoms of citizens and limits the powers of political institutions.
  • The first modern constitution was enacted in 1915 by King Alfonso XIII.
  • The current Panamanian constitution was approved in 1972 during General Omar Torrijos' military government.

Evolution of the Panamanian Constitution

  • Panama has had four constitutions in its history: 1904, 1941, 1946, and 1972.
  • The first constitution was promulgated in 1904 after Panama's independence from Colombia.
  • Reforms were made to strengthen judicial independence and create the electoral tribunal in 1939 under President Juan Demóstenes Arosemena.
  • The current constitution of 1972 is one of the oldest in America after Mexico and Costa Rica.

Importance and Structure of the Constitution

This section focuses on explaining why the constitution is important and how it is structured.

Importance of the Constitution

  • The constitution is considered the most important document for a country as it guides government actions, defines citizen obligations and responsibilities, and represents people's aspirations.
  • It should be adaptable to changes for the benefit of society while guaranteeing individual rights.
  • No law can contradict or go against what is stated in the constitution.

Structure of the Panamanian Constitution

Dogmatic Part (Titles 1 to 4)

  • Defines the state, nationality, individual and social rights, and political rights of citizens.

Organic Part (Titles 5 to 15)

  • Organizes the state and outlines the functions of government authorities.
  • Includes sections on the legislative branch, executive branch, judiciary, municipal and provincial governments, public finance, national economy, defense and public security, constitutional reforms, Panama Canal, and final provisions.

Constitutional Reforms

This section discusses the process of constitutional reforms in Panama.

Constitutional Reforms

  • The constitution can be modified through a constituent assembly granted by the National Assembly.
  • The constitution is classified as written or unwritten. The Panamanian constitution is written.
  • Democratic rights are emphasized in the Panamanian constitution where the will of the people is expressed indirectly through elected representatives.
  • Any reform to the constitution must be discussed and approved by the National Assembly.

Conclusion

The video provides an introduction to the importance of constitutions in general and specifically focuses on the Panamanian constitution. It explains its evolution over time and highlights its structure. Additionally, it touches upon constitutional reforms in Panama.

Overview of Panamanian Constitutions

This section provides an overview of the different constitutions that Panama has had throughout its history.

Evolution of Panamanian Constitutions

  • The Republic of Panama has had four constitutions: 1904, 1941, 1946, and the current one from 1972.
  • Three of these constitutions were established by constituent assemblies, while the constitution of 1941 was enacted through a plebiscite.
  • The constitution of 1904 was the first constitution as an independent republic and was drafted by a national constituent convention composed of 33 elected deputies.
  • The constitution of 1941 replaced the previous one through a plebiscite and introduced important changes such as extending the electoral period to four years and expanding social rights.
  • The constitution of 1946 was drafted by a commission appointed by the executive branch and approved by an assembly. It introduced democratic reforms despite being under military rule at the time.
  • The current constitution from 1972 was drafted by a revolutionary commission and has undergone several reforms in subsequent years.

Key Amendments in the Constitution

This section highlights some significant amendments made to Panamanian constitutions over time.

Amendments in Different Constitutions

  • The constitution of 1941 expanded political rights for women, allowing Panamanian women over the age of 21 with professional qualifications to vote in elections.
  • The constitution of 1946 established a new structure for government institutions, including the Supreme Court, subaltern courts, and judges. It also ensured gender equality without restrictions.
  • The current constitution from 1972 underwent reforms in various years (1978, 1983, 1993/1994, and 2004) to address changing needs and circumstances.
  • The 1978 reform was prompted by the Torrijos-Carter Treaties, which led to the revision of the Panama Canal and its adjacent territories. It introduced direct popular vote for the president and allowed opposition political parties.
  • The 1983 reform aimed to enhance democracy during a military government. It modified the structure and functioning of government institutions, granting more power to the legislative branch.
  • Other reforms in 1993/1994 and 2004 further refined the constitution, ensuring adherence to established procedures for constitutional changes.

Constitution of 1972

This section focuses on the constitution of 1972, which replaced previous constitutions after a period of constitutional disruption.

Constitution Replacing Previous Ones

  • The constitution of 1972 was drafted by a revolutionary commission following a period of constitutional disruption caused by military rule in October 1968.
  • A provisional government controlled all functions until the approval of the new constitution.
  • The drafting process was carried out by a commission formed by 25 members appointed through a cabinet decree in October 1961.
  • The new constitution was ratified on October 8, 1972, establishing the current framework for governance in Panama.

Constitutional Reforms

This section discusses how constitutional reforms are conducted in Panama according to established procedures.

Procedures for Constitutional Changes

  • Constitutional changes must follow procedures outlined in the constitution itself (Title 3, Articles 303 and 314).
  • The reform in 1978 was driven by treaties signed between Panama and the United States (Torrijos-Carter Treaties), allowing revisions related to the Panama Canal. Notable changes included direct popular vote for president and permission for opposition political parties.
  • The reform in 1983 aimed to introduce democratic elements even during a military government. It modified the structure and functioning of government institutions, granting more power to the legislative branch.
  • Reforms in 1993/1994 and 2004 were carried out to address specific needs and circumstances, ensuring adherence to established constitutional procedures.

The transcript provided does not cover additional sections or timestamps beyond this point.

New Section

This section discusses the legislative changes made to the Panamanian constitution in 2004 under the presidency of Martín Torrijos Espino and the National Assembly.

Legislative Changes

  • The legislative changes were made on July 27, 2004, under the presidency of Martín Torrijos Espino and the National Assembly.
  • The urgent changes included reducing the number of vice presidents and deputy substitutes to one.
  • The title "tercero" was added to other deputies.
  • Modifications were made to individual and social rights in Chapter 9, as well as to the Defensoría del Pueblo (People's Defender) in Title IX.
  • Changes were also made to Chapter IV regarding the Tribunal de Cuentas (Court of Accounts).
  • There were modifications to the number of deputies.
  • Article 140 was amended again, stating that legislators would be called "diputados" (deputies), and their positions would be taken on September 1st following elections. These changes would be implemented starting from 2009, with details appearing on the first and last pages of the constitution.

Conclusion

The transcript discusses legislative changes made to Panama's constitution in 2004, including reductions in vice presidents and deputy substitutes, modifications to individual and social rights, changes to the Tribunal de Cuentas, and amendments regarding deputies' titles and positions. These changes were implemented starting from 2009.

Video description

La Constitución Política de la República de Panamá de 1972 es la carta fundamental panameña, actualmente vigente. Es la cuarta carta magna en el país luego de las constituciones de 1904, 1941 y 1946. Fue aprobada el 11 de octubre de 1972 por la Asamblea Nacional de Representantes de Corregimientos, durante el gobierno militar del General Omar Torrijos. Su texto original ha sido reformada por los Actos Reformatorios de 1978, el Acto Constitucional de 1983, los Actos Legislativos No. 1 de 1993 y No. 2 de 1994 y el Acto Legislativo No. 1 de 2004, que la adaptaron a un sistema democrático pluripartidista y derogaron provisiones de la estructura militar.