TITLE XIII. CONSTITUTIONAL AMENDMENT
Article 313
The initiative to propose constitutional amendments belongs to the National Assembly, the Cabinet Council and the Supreme Court of Justice. Such amendments must be approved by one of the following procedures:
- Through a Constitutional Act, approved in three readings by an absolute majority of the members of the National Assembly, which must be published in the Official Gazette and sent by the Executive Branch to said Assembly within the first five days of ordinary session following the installation of the National Assembly elected in the last general elections, so that it can be discussed and approved in its first session without modification, in a single reading and by an absolute majority of all members of the Assembly;
- Through a Constitutional Act, approved in three readings by an absolute majority of the members of the National Assembly in one legislature, and approved anew, during the immediately following legislature, in three readings by an absolute majority of the members of the already mentioned Assembly. On this occasion the text approved during the previous legislature may be amended. The Constitutional Act approved in this manner must be published in the Official Gazette and submitted to the people for direct, popular consultation through a referendum that shall be held on the date designated by the National Assembly, within a period not shorter than three months and not longer than six months from the date of the Constitutional Act’s approval by the second Legislature.
Article 314
A new Constitution may be adopted by a Parallel Constituent Assembly (Asamblea Constituyente Paralela) which may be convened by decision of the Executive Branch, ratified by the Legislative Branch with absolute majority, or by the Legislative Branch with a favorable vote of two thirds of its members, or by popular initiative which must be signed by at least twenty percent (20%) of citizens enrolled in the Electoral Register on the thirty-first of December of the year preceding the initiative. In the latter case, the petitioners shall have six months to fulfill the requirement in conformity with the rules issued to this effect by the Electoral Tribunal.
The Electoral Tribunal is competent to accept the proposed initiative and to schedule the election for the members of the Constituent Assembly within a period not shorter than three months and not longer than six months since the request has been formalized for the election has been formalized. After the election the Parallel Constituent Assembly shall be formally installed and shall begin its deliberations as of right, as soon as the Electoral Tribunal has delivered to its members their respective credentials.
The Parallel Constituent Assembly shall be composed of sixty members who shall represent the Panamanians in all provinces and regions in a proportional manner, in accordance with the voting population; in addition to party nomination, independent candidacies are permitted. For these purposes the Electoral Tribunal shall establish the electoral system applicable to the election of the Constituent Assembly’s members in its order convening the election.
The Parallel Constituent Assembly may reform the current Constitution totally or partially but in no case may adopt decisions with retroactive effects or alter the terms of office of elected or appointed officials who are exercising their functions at the moment when the new Constitution enters into force. The Parallel Constituent Assembly shall have not less than six months and not more than ninths months in order to complete its work and to deliver the approved text of the new Constitution to the Electoral Tribunal which shall publish it immediately in its Bulletin.
The new Constitutional Act which has been approved in this manner shall be submitted to a referendum convened by the Electoral Tribunal within a period of not less than three months and not more than six months since its publication in the Bulletin of the Electoral Tribunal.
The Constitutional Act approved in accordance with any one of the procedures indicated in this or in the preceding Article shall enter into force upon its publication in the Official Gazette which has to be accomplished by the Executive Branch within ten working days of its ratification by the National Assembly or within thirty days of its approval through referendum, whichever may be the case; however, a publication after the expiration of the delays shall not be a cause of unconstitutionality.
