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Abstract
Article 77 of the Panamanian National Constitution establishes that: "All disputes arising in relations between capital and labor are subject to the labour jurisdiction, which shall be exercised in accordance with the provisions of Law." Obviously, the intention of the legislature in drafting this article was to ensure that labor disputes were knowledge of the labour courts, because labor courts were the most specialized at that time. But remember that the current article 77 already existed in the National Constitution of 1972 and ten years later, in 1982, an even more specialized jurisdiction is created: The Maritime Jurisdiction. Today, the Special Maritime Jurisdiction has its own body of substantive and procedural laws and courts of first instance and appeal. If we know that law is a science in constant evolution, which is adapted to regulate changes over time, it is worth asking whether it is time to modify the article 77 of our National Constitution to allow maritime jurisdiction assume the leading role as very special jurisdiction its belongs.
References
Texto único de la Constitución Nacional de la República de Panamá de 2004.
LEY No.8 de 30 de marzo de 1982, reformado por la Ley 11 de 23 de mayo de 1986 y por la Ley 12 de 23 de enero de 2009.
GABALDÓN GARCÍA, JOSÉ LUIS: Curso de Derecho Marítimo Internacional. Editorial Marcial Pons. Madrid, España.
Alcántara, José María (s/f) Entrevista personal. Catedrático español, autor y árbitro internacional.
