Judgment Reviews Law at Panama
In Panama, judicial review serves as a cornerstone of the legal system, ensuring that laws, administrative acts, and governmental decisions align with constitutional principles and uphold individual rights.
⚖️ Constitutional Framework
The Constitution of Panama (1972, amended in 2004) establishes the Supreme Court of Justice as the guardian of constitutional integrity. Article 207 prohibits writs of unconstitutionality or constitutional guarantees (amparo) against the judgments of the Supreme Court or its Chambers. Article 208 restricts judges from holding any public position except as law professors at the university level. Article 209 mandates that justices and judges are independent in their functions and are subject only to the Constitution and the law. Lower courts must comply with decisions from superior courts
🏛️ Judicial Review Mechanisms
1. Constitutional Review
The Supreme Court of Justice holds the authority to review the constitutionality of laws, decrees, decisions, resolutions, and other acts challenged before itAny person can challenge such actsIf a public official administering justice identifies or a party observes that a legal or regulatory provision applicable to a case is unconstitutional, they must submit the issue to the Court in plenary session, unless the provision has already been decided upon
2. Administrative Judicial Review
Panama's administrative law provides two primary actions
**Contencioso Administrativo de Nulidad (Action for Annulment):**This action seeks to annul general, abstract, and impersonal administrative acts that are deemed illegal serves to restore the legal order by declaring certain acts null and any individual or legal entity can initiate this action
**Contencioso Administrativo de Plena Jurisdicción (Action for Full Jurisdiction):** This action addresses specific grievances of individuals whose rights have been directly affected by administrative acts It not only seeks the annulment of the disputed act but also aims to restore the individual rights of the claimant The Third Chamber of Contentious Administrative and Labor Litigation of the Supreme Court exclusively reviews the legality of administrative acts or omissions This chamber operates with the hearing of the Administration’s Attorney General
📰 Recent Developments
*Cobre Panamá Mining Project: In November 2023, the Supreme Court unanimously declared Law 406, which approved a mining concession contract between the State and Sociedad Minera Panamá, S.A., unconstitutiona. The Court found that the contract infringed upon multiple constitutional articles, including those concerning sovereignty, public safety, and fundamental right. The ruling mandated the government to ensure the orderly and safe shutdown of the mining operation
*Presidential Candidacy Challenge: In 2024, the Supreme Court dismissed a constitutional challenge to José Raúl Mulino's presidential candidacy, emphasizing the defense of democracy and electoral right. The challenge argued that Mulino was ineligible as he was not selected by a primary from the Achieving Goals party
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