Evaluation of unconstitutionality actions in the Republic of Panama Evaluación de las acciones de inconstitucionalidad en la República de Panamá Evaluation of unconstitutionality actions in the Republic of Panama: Considerations on the first paragraph of numeral 1 of article 206 of the Constitution of Panama

Abstract

The first paragraph of article 206.1 of the Political Constitution of the Republic of Panama is the rule that designates the Plenary Session of the Supreme Court of Justice as the ultimate interpreter of the constitution, by establishing that any person can file an action of unconstitutionality against a legal norm of infra-constitutional rank because it is considered to violate the fundamental norm. But this provision deserves an analysis not only from a legal perspective but also a study on its performance and operation in practice. Only in this way can we evaluate the effectiveness of the system of objective control of constitutionality that the country has. Panama's objective constitutional justice has not endured a comprehensive reform at a constitutional and legal level for decades, since attempts to achieve its reform have been unsuccessful. Likewise, low citizen confidence in the decisions and judicial actions of the Supreme Court of Justice represents an urgent challenge that must be solved through active accountability mechanisms. Consequently, the evaluation of the effectiveness of the sentences issued by the Supreme Court of Justice in constitutional matters must be considered in light of their applicability and compliance, as well as the analysis of the current legal regulations that regulate the procedure of actions of unconstitutionality.