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UNIVERSIDAD DE PANAM
FACULTAD DE DERECHO Y CIENCIAS POLTICAS
PRACTICA FORENSE
TEMA DE ENSAYO:
CREACION DE UN TRIBUNAL CONSTITUCIONAL INDEPENDIENTE DEL
PODER JUDICIAL
"CREATION OF A CONSTITUTIONAL COURT OF INDEPENDENT JUDICIARY"
A CONSIDERACIN DE:
PROFESOR.GILBERTO RYALL
PREPARADO POR:
LORENZO WENDY
PANAM.
INTRODUCCIN
La realizacin del presente trabajo implica una lectura atenta y detallada
funciones
ms
importantes
est
el
resolver
las
acciones
de
considero
10
especializados
en
materia
constitucional,
cuyas
resoluciones
de
control
constitucional
se
ha
implementado
con
algunas
11
TRADUCCIN
Before the Constitution of 1941, there was a kind of fuzzy system in controlling
the constitutionality of laws in which, besides these, were scrutinized, other legal
acts issued by public authorities. This was because the Constitution of 1904, the
first of our republican era, emerged once materialized separating Colombia and
Panama which had been joined by more than eighty years, no established
mechanism recognized except to the Executive Body, any system control of
constitutionality.
Indeed, the only means of defense of constitutional supremacy that before the
Panamanian Constitution of 1904, was the objection of unconstitutionality, faculty
attributed this to the Executive Body, through which he could "object
unconstitutional before the Supreme Court projects laws approved by the
National Assembly and the Executive Branch refused to sanction unconstitutional
12
estimate them. As has been seen, it was control pre-saw, since it only came
during the formation stage of the law.
As for the fuzzy control of constitutionality and which as we noted was the
prevalent during the lifetime of the Constitution of 1904, it emerged following the
approval of the Judicial and Civil Codes, which were promulgated in 1916 and
1917,
respectively.
It would follow that the Supreme Court, despite the exercise of exclusive control
of constitutionality is not a constitutional court. It is, in any case, the highest court
13
of general jurisdiction, which has been assigned, the exclusive and exclusionary
way, competition concerning the control of the constitutionality of laws.
fully
autonomous,
independent
and
national
jurisdiction
14
Constitutional Court matters and would be most appropriate for the protection
guarantees
of
all
Panamanians.
Given that the organ will meet on constitutional matters shall be independent of
the government, was technically find opportunities to issue binding decisions for
the parties in the legal dispute, and the rest of the population and similarly for all
authorities, regardless of where you derived your competition, whether executive,
legislative or judicial power. Thus the transgression of the balance of power is
avoided, as in the case of the judiciary if no effects aside and let a law resulting
from the action of the legislature, as in this case, the Judiciary de facto would
constitute as a supra power over the legislature. Therefore, the resolutions
issued by the Constitutional Court shall erga omnes effects or general, and with
the possibility of modulating these effects in cases where the total cancellation of
the effects of a rule could be more harmful to society, the temporary use of the
norm while the legislative or executive power is desirable, as appropriate, issue a
new law or regulation respectively, to remedy unconstitutional. From the
experience of European countries is further proposed that the Constitutional
Court set a specific and substantial period for which either the legislative or
executive remedied unconstitutional to prevent delay or omission in the issuance
of a new standard that is consistent with the legal unit and the hierarchy of
norms. If the period granted the relevant standard is issued, the Constitutional
Court may fix the unconstitutionality by adapting or emission standard in
15
16
independent
judiciary,
which
is
called
the
Constitutional
Court.
Under the boom that has taken the concentrate or Austrian constitutional control
model, it would be virtually impossible to count and analysis of all legal systems
which have chosen its inception. It is for this reason that we only mention of
them.
17
CONCLUSIN
18
19
BIBLIOGRAFIA
1. HERNDEZ SAMPIERI, Roberto; FERNNDEZ-COLLADO, Carlos;
BAPTISTA LUCIO, Pilar. 2007 Metodologa de la Investigacin Cuarta
Edicin, Mxico, McGraw-Hill.
2. HERNDEZ SAMPIERI, Roberto; FERNNDEZ-COLLADO, Carlos;
BAPTISTA LUCIO, Pilar. 2010 Metodologa de la Investigacin Quinta
Edicin, Mxico, McGraw-Hill.
3. MORENO PUJOL, Jos (2007). Constitucin Poltica Quinta Edicin.
Editorial Mizrachi &Pujol, S.A.
4. MORENO PUJOL, Jos (2007). Cdigo Judicial Vigsima Segunda
Edicin. Editorial Mizrachi &Pujol, S.A.
5. MENDEZ
ALVAREZ,
Carlos.
2005
METODOLOGIA:
Diseo
20
de:
por
un
Tribunal
Constitucional.
Recuperado
de:
http://www.panamaamerica.com.pa/notas/1105807-abogan-por-tribunalconstitucional
15. Proponen
Tribunal
Constitucional.
Recuperado
de:
http://www.laestrella.com.pa/online/impreso/2011/08/12/proponen-tribunalconstitucional.asp
21
16. Reflexiones
Constitucionales.
Recuperado
de:
http://salvasanchez.blogspot.com/
17. Robles, Sebastin. Necesidad de un Cdigo Procesal Constitucional En
Panam.
Recuperado
de:
http://biblio.juridicas.unam.mx/libros/6/2557/23.pdf
18. Jurisprudencia
Constitucional
De
Panam.
Recuperado
de:
http://www.gestiopolis.com/recursos5/docs/eco/jurispanama.htm
Recuperado
de:
http://www.asamblea.gob.pa/debate/Ediciones_anteriores/Ponenc
ias/DESAFIOS_JUST_CONST_PANAME%C3%91A.pdf
Sntesis.
Recuperado
por:
http://biblio.juridicas.unam.mx/libros/6/2894/23.pdf
Recuperado
Http://Www.Diputados.Gob.Mx/Cedia/Sia/Spi/Dpi-Iss-03-05.Pdf
De: