"The Constitutional Demand and the Essence of Budget Laws: Insights and Actionable Advice"

"The Constitutional Demand and the Essence of Budget Laws: Insights and Actionable Advice"

Introduction:

In a recent demand for unconstitutionality, Dr. Nander Pitty Velásquez challenges the final phrase of Article 30 of Law No.49, which regulates the internal regime of the Legislative Assembly. This demand brings to light the intricate relationship between the different branches of government and their roles in budget formulation and approval. Examining the constitutional framework and the essence of budget laws, we can gain valuable insights into the principles that govern the allocation of functions and responsibilities among the state organs. Additionally, we will explore the impact of historical dictatorial regimes on the treatment of individuals, as exemplified by the degrading slogan adopted during Panama's past dictatorship. Combining these diverse elements, we can derive actionable advice for promoting constitutional integrity and fair governance.

The Constitutional Framework and the Essence of Budget Laws:

The current Constitution, inspired by constitutional models from other countries, precisely defines the level of intervention for each state organ involved in budget formulation and approval. Article 153, numeral 4, stipulates that the Assembly's intervention in approving the General State Budget must be compatible with the budgetary regulations introduced in the 1983 reform of the Constitution. This intervention aims to redefine the exercise of public powers in the preparation and approval of the budget, allocating the responsibility of preparation to the Executive Branch and approval to the Legislative Branch, subject to constitutional limitations imposed by Article 268.

Insight: Harmonious collaboration among state powers is essential for effective budgetary governance.

The Essence of Budget Laws and Their Substantive Nature:

The essence of budget laws lies in their substantial character. These laws adopt and organize the financial activities of the State during their period of validity. They serve as obligatory guidelines for public entities in implementing the financial plan outlined in the budget. It is important to note that budget laws should not be viewed as legislation subservient to other substantive laws. Instead, they fulfill the crucial role of regulating financial matters.

Insight: Budget laws play a pivotal role in shaping the financial landscape of a nation.

The Impact of Historical Dictatorships on Human Treatment:

During the dark days of Panama's past dictatorship, an ignominious slogan was adopted, echoing the sentiments of Anastasio Somoza García, the Nicaraguan dictator. This degrading slogan, "Al enemigo, plomo; al indiferente, palo y al amigo, plata" (To the enemy, lead; to the indifferent, a stick; and to the friend, silver), epitomized the brutal treatment of individuals. This motto exemplifies the disregard for human dignity and the perversion of justice that often accompanies dictatorial regimes.

Insight: Historical experiences remind us of the importance of upholding human rights and democratic values.

Actionable Advice:

• 1. Strengthen Constitutional Checks and Balances: To ensure a harmonious collaboration among state powers, it is crucial to reinforce the mechanisms that prevent any one branch from overstepping its constitutional boundaries. This can be achieved through robust judicial review and active engagement between the Executive and Legislative branches.

• 2. Enhance Transparency and Accountability in Budgetary Processes: To promote fair governance and prevent corruption, it is essential to establish transparent mechanisms for budget formulation, execution, and oversight. This includes public consultations, independent audits, and clear reporting guidelines.

• 3. Foster a Culture of Respect for Human Dignity: By promoting education, awareness, and dialogue, societies can cultivate a culture that recognizes the inherent worth and rights of every individual. This includes actively rejecting degrading slogans and promoting empathy, understanding, and inclusivity.

Conclusion:

The demand for unconstitutionality brought forth by Dr. Nander Pitty Velásquez sheds light on the intricate relationship between state organs and their roles in budget formulation and approval. By understanding the constitutional framework and the essence of budget laws, we can foster a more accountable and transparent governance system. Furthermore, reflecting on the impact of historical dictatorial regimes reminds us of the importance of upholding human rights and democratic values. By implementing actionable advice, such as strengthening checks and balances, enhancing transparency, and fostering a culture of respect, we can build a society that upholds constitutional integrity and ensures the well-being of its citizens.