Jonah Patel
The Constitution of Costa Rica has undergone several changes since the country's independence. The first constitution was the Cadiz Constitution, or the Spanish Constitution of 1812, which was in place between 1812 and 1814 and then again from 1820 to 1821. Since then, Costa Rica has had several constitutions, with the most recent one being enacted in 1949 and revised in 2011. This constitution outlines the country's democratic principles, individual rights, social guarantees, and political rights, among other topics. It also establishes the structure of the government, including the legislative, executive, and judicial branches.
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What You'll Learn
Historical constitutions
The first constitution implemented in Costa Rica was the Cadiz Constitution, or the Spanish Constitution of 1812. This constitution was in place between 1812 and 1814, and again between 1820 and 1821. The Cadiz Constitution continued to remain in force by decree of the Towns' Legates Junta, which took over as an interim government following Costa Rica's independence from Central America.
On December 1, 1821, the Towns' Legates Junta sanctioned the Interim Fundamental Social Pact or Pact of Concord, Costa Rica's first constitution. This constitution was in force until 1823. The Provincial Constituent Congress of Costa Rica was convened twice during this period: first, when the country was a province of the First Mexican Empire, and second, as a province of the newly created Federal Republic of Central America.
In 1822, the First Provincial Constituent Congress was convened after the elections of deputies who would represent Costa Rica in the Constituent Congress of Mexico. However, they never held office as the congress was dissolved by Emperor Agustín de Iturbide. The Junta Gubernativa then convened a constituent congress to decide the fate of the country, which was divided between republicans and imperialists loyal to Mexico. This congress issued the First Political Statute of the Province of Costa Rica on March 19, 1823, which was in force until the outbreak of civil war between monarchists and republicans later that year.
After the war, when the Mexican Empire had fallen, interim president and leader of the winning Republican side, Gregorio José Ramírez, convened another Provincial Congress. From May to November 1824, the Basis of the Federal Constitution was in place in all Central American countries as part of the Federation: Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. This served as a temporary constitution while the Central American Federal Constituent Assembly drafted the Constitution of the Federal Republic of Central America, which was enacted on November 22, 1824, and was in place until the Federation's dissolution in 1838.
During this time, the then State of Costa Rica promulgated the Fundamental Law of the State of Costa Rica on January 25, 1825, under the presidency of Juan Rafael Mora Porras. This constitution was heavily influenced by the Cadiz Constitution and remained in place until Costa Rica's departure from the Federal Republic in 1839.
In 1838, Braulio Carrillo assumed power in Costa Rica as a dictator and called a Constituent Assembly that was suspended indefinitely. Carrillo issued the Law of Bases and Guarantees, also known as the Decree of Basis and Guarantees, which operated as a de facto Constitution under his regime. Carrillo was toppled in April 1842 by Honduran general Francisco Morazán, who abolished the Decree and instituted a Constituent Assembly. This Assembly was the second last to assume legislative powers and primarily ratified the decrees of interim president José María Alfaro, who came to power after Morazán was ousted. Alfaro drafted the Constitution of 1844, which was in place until the military hierarchy overthrew ruler Antonio Pinto Soares in 1846, returning power to Alfaro.
The Political Constitution of the Republic of Costa Rica was established in 1949 and has been amended several times since, with the latest amendment being in 2020.
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Rights and freedoms
The Constitution of Costa Rica, which came into force on 8 November 1949, outlines several rights and freedoms for its citizens.
Equality and Non-Discrimination
The Constitution guarantees equality before the law, stating that no discrimination shall be practised contrary to human dignity.
Personal Freedom and Integrity
The right to personal freedom and integrity is ensured through the provision of habeas corpus. The Constitution also establishes the right to privacy, with Article 23 protecting the inviolability of citizens' homes and private premises. Article 24 guarantees the right to privacy and confidentiality of communications, with private documents and communications deemed inviolable.
Political Rights
Citizens have the right to group themselves into political parties to intervene in national policy, as long as these parties respect the constitutional order of the Republic. The Constitution also guarantees the freedom to exercise suffrage, with the State having a duty to register citizens and provide them with identity cards to facilitate voting.
Education
Freedom of teaching is a fundamental principle, with Article 86 providing for the training of professionals in education through special institutions. The University of Costa Rica enjoys independence in its performance and full juridical capacity.
Environment
The Constitution includes an unusual clause asserting the right to a healthy and ecologically balanced environment, with the cultural aims of the Republic including the protection of its natural beauty.
Consumer Rights
Consumers have the right to protection of their health, security, and economic interests. They are also entitled to receive adequate and true information, freedom of choice, and equitable treatment.
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Duties of citizens
The Constitution of Costa Rica outlines the rights and duties of its citizens. Costa Ricans must observe the Constitution and laws, serve and defend the country, and contribute to public expenses. They have the right to organise themselves into parties to participate in national politics, provided these parties respect the constitutional order. Citizens also have the right to freedom of movement within the country and abroad, and the right to return to Costa Rica at their convenience. Suffrage is a primary and compulsory civic function, and citizens are guaranteed the right to a free and compulsory education.
The Constitution also sets out the requirements for citizenship. Citizenship is open to those who are Costa Rican by birth or through naturalisation after ten years of residence in the country. Citizenship is a set of political rights and duties that correspond to Costa Ricans over the age of eighteen. It can be suspended in certain cases, such as when a citizen has been sentenced to the suspension of their political rights, and it can be restored by means provided by law.
The Constitution establishes the role of ministers in the management of the executive branch. To be a minister, one must be a citizen in the exercise of their rights, be a Costa Rican by birth or naturalised citizen with ten years of residence, be at least twenty-five years old, and be a layperson. The office of minister is typically not compatible with the exercise of any other public position.
The Supreme Electoral Tribunal is responsible for organising and conducting elections, declaring election results, and performing other functions related to the vote. The Civil Registry, under the jurisdiction of the Supreme Electoral Tribunal, maintains the Main Register of Marital Status and prepares voter lists. The Tribunal also has the power to enforce measures on its own or through designated delegates, such as conducting the official count of votes cast in elections and issuing the official declaration of the election within thirty days.
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Political parties
The Constitution of Costa Rica, which came into full force on 8 November 1949, guarantees the right of citizens to group themselves into political parties to intervene in national policy. Citizens aged 18 and above are granted political rights and duties, including suffrage, which is considered a "primordial and obligatory civic function".
Costa Rica's political system has historically contrasted with its Central American neighbours, with the country maintaining democratic institutions and a constitutional scheme for government succession. The country's political parties are required to express political pluralism, contribute to the formation and manifestation of popular will, and act as fundamental instruments for political participation. Their creation and activities are free, provided they respect the Constitution and the law, and their internal structure and operation must be democratic.
Costa Rica's legislature, the Legislative Assembly, has 57 members, elected by proportional representation across the country's seven provinces. The electoral process is supervised by the independent Supreme Electoral Tribunal (TSE), which is composed of three principal magistrates and six alternates selected by the Supreme Court of Justice.
The country used to have a two-party system, with the Social Christian Unity Party and the National Liberation Party (PLN) dominating the political landscape. However, the 2002 elections marked a shift towards a multi-party system, with the emergence of the Citizens' Action Party as a significant force. The 2006 elections further solidified this shift, with several other parties gaining prominence.
In recent years, Costa Rica has seen a variety of political parties serving in the Legislative Assembly. As of 2018, the National Liberation Party held 18 seats, the Citizens' Action Party held 13, and the Broad Front and the Social Christian Unity Party each held 8. The country's president, elected to a four-year term directly by voters, is currently Rodrigo Chaves of the right-wing former finance minister. Executive responsibilities are vested in the president, who is supported by two vice presidents and a cabinet of ministers.
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Government structure
The Constitution of Costa Rica, which came into force on 8 November 1949, establishes the country as a "free and independent democratic republic" with sovereignty "exclusively in the Nation".
Costa Rica's first constitution was the Cadiz Constitution, or the Spanish Constitution of 1812, which was in place between 1812 and 1814 and then again between 1820 and 1821. The country's first independent constitution was the Interim Fundamental Social Pact or Pact of Concord, which came into force on 1 December 1821 and lasted until 1823. From May to November 1824, the Basis of the Federal Constitution was in place as a temporary measure while the Federal Constituent Assembly drafted the Constitution of the Federal Republic of Central America. This was enacted on 22 November 1824 and lasted until 1838.
Costa Rica's 1949 constitution has been amended several times, including in 1968, 2011, and 2020. The constitution is divided into 18 sections, including "The Republic", "Costa Ricans", "Foreigners", "Individual Rights", "Social Guarantees", "Religion", "Education and Culture", "Political Rights", "Legislative Branch", "Executive Branch", "Judicial Branch", "Municipal Government", "Public Finances", "Autonomous Institutions", "The Civil Service", "Constitutional Oath", "Amendments", and "Final Provisions".
The constitution establishes that the country's legislative body, the Legislative Assembly, is made up of members who are freely elected by the people of Costa Rica. The Assembly is composed of 57 deputies, who are elected by provinces for four-year terms and may not be reelected successively. Deputies must be Costa Rican by birth or naturalization with at least ten years of residence in the country after obtaining nationality, and they must be at least 21 years old.
The constitution also establishes the Supreme Electoral Tribunal, which is responsible for conducting the official count of votes cast in elections for various offices, including the President and Vice Presidents of the Republic, members of the Legislative Assembly, and members of Municipal Governments. The Tribunal has no recourse except in cases of prevarication, and its decisions cannot be appealed except on grounds of breach of public duty.
The constitution guarantees individual rights, including equality before the law, freedom from discrimination, and protection from retroactive laws. It also establishes the abolition of the army as a permanent institution, with police forces responsible for surveillance and the preservation of public order. Military forces may only be organized under a continental agreement or for national defence and are always subordinate to civil power.
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Frequently asked questions
The first constitution of Costa Rica was the Cadiz Constitution, or the Spanish Constitution of 1812, which was in place between 1812 and 1814 and then again between 1820 and 1821.
The Costa Rican constitution has changed numerous times over the years, with several different constitutions being implemented. The first constitution was the Cadiz Constitution, which was replaced by the Interim Fundamental Social Pact or Pact of Concord in 1821. This was followed by the First Political Statute of the Province of Costa Rica in 1823, the Basis of the Federal Constitution in 1824, the Fundamental Law of the State of Costa Rica in 1825, the Decree of Basis and Guarantees in 1841, and the Constitution of 1844. The most recent constitution was enacted in 1949, with amendments made in 2011 and 2020.
The current constitution of Costa Rica, enacted in 1949, establishes the country as a free and independent democratic republic, with sovereignty residing exclusively in the nation. It guarantees equality before the law, prohibits discrimination, and ensures individual freedoms and rights, including freedom from slavery and the right to move and reside within the country. It also outlines the roles and responsibilities of public officials, the legislative process, and the protection of human rights.
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