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Panama The Legislature
The 1983 amendments to Panama's Constitution created a new
legislative organ, the Legislative Assembly, a unicameral body with
sixty-seven members, each of whom has an alternate. Members and
alternates are elected for five-year terms that run concurrently
with those of the president and vice presidents. To be eligible for
election, an individual must be at least twenty-one years of age
and be a Panamanian citizen either by birth or by naturalization
with fifteen years of residence in Panama subsequent to
naturalization. The legislature holds two four-month sessions each
year and may also be called into special session by the president.
In theory, the assembly has extensive powers. It can create,
modify, or repeal laws, ratify treaties, declare war, decree
amnesty for political offenses, establish the national currency,
raise taxes, ratify government contracts, approve the national
budget, and impeach members of the executive or judicial branches.
There are, however, significant limitations on these powers, both
in law and in practice. Members are nominated for election by
parties, and the parties may revoke their status as legislators.
This gives the official government party, the PRD, and its allies
the power to ensure conformity with government policy and prevent
defections from its ranks. Moreover, there are no provisions for
legislative control over the military. The legislature also is
severely limited in its ability to control the budget. Under
Article 268 of the Constitution, the assembly is prohibited from
adding to the budget submitted by the executive without the
approval of the Cabinet Council. It may not repeal taxes included
in the budget unless, at the same time, it creates new taxes to
make up any revenue lost.
Differences in practice are also important. Since its creation,
the assembly has never rejected an executive nomination for a
government post, refused to ratify a treaty, or turned down an
executive request for grants of extraordinary powers or for the
establishment or prolongation of a state of emergency. The
opposition, which held twenty-two seats in late 1987, has used the
assembly as a forum to attack government policies and to criticize
the role played in the administration by the FDP, but it has been
unable to block or even seriously delay any government project.
Assembly debates normally are broadcast live, but during the
disturbances of June 1987, speeches by opposition members
frequently were not carried on the radio.
The lack of institutional independence also has inhibited the
development of local or special interest representation within the
assembly. The tight control over the selection of candidates and
their subsequent performance as legislators by their respective
parties works against such representation, as does the dominance of
the executive branch. This control is further strengthened by the
fact that elections are held only every five years and occur in
conjunction with presidential elections.
Should political conditions change in Panama and the dominant
role of the military be significantly reduced, the Legislative
Assembly has the potential to emerge as a significant participant
in the national political process, but its powers would still be
less extensive than those exercised by the executive branch. Under
the circumstances existing in late 1987, it lacked both the power
and the will to block, or even significantly modify, government
projects and served largely as a public debating forum for
government supporters and opponents.
Data as of December 1987
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