Omar Bennett
The history of Costa Rica's constitution is a long and complex one, with several constitutions being written, rewritten, or amended throughout the 19th and 20th centuries. The first constitution implemented in Costa Rica was the Cadiz Constitution, or Spanish Constitution of 1812, which was in place from 1812 to 1814 and again from 1820 to 1821. Since then, Costa Rica has had various constitutions, including those written in 1823, 1824, 1844, 1847, 1848, 1859, 1869, 1871, and 1949. The 1949 constitution was revised in 2011 and is currently in use.
| Characteristics | Values |
|---|---|
| Date of enactment | 8 November 1949 |
| Previous constitutions | 1823, 1824, 1841, 1847, 1848, 1859, 1869, 1917 |
| Major codifications of civil law | 1841, 1886 |
| Date of official publication | 1949 |
| Date of latest amendment | 2020 |
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What You'll Learn
- Costa Rica's constitution was officially published in 1949
- The constitution has been amended multiple times since 1949
- The constitution was influenced by the Spanish constitutionalism of Cádiz
- It grants equal individual and social rights to foreigners and Costa Ricans
- The constitution outlines the rights and duties of Costa Ricans
Costa Rica's constitution was officially published in 1949
The 1949 Constitution was not the last to be published in Costa Rica, either. The basic constitutional framework has been established and re-established by documents in 1823, 1824, 1841, 1844, 1847, 1848, 1859, 1869, 1917, and 1949. The most recent amendment to the 1949 Constitution was in 2020.
The 1949 Constitution came about as a result of a series of major electoral changes. These included the introduction of direct elections after 1913, the secret ballot in 1928, an increasingly non-partisan electoral machinery after the 1930s, and a more inclusive literacy and property qualification in practice after the 1890s. Finally, in 1949, women gained the right to vote.
The 1949 Constitution also enshrined the abolition of the army as a permanent institution. It also stated that military forces may only be organised under a continental agreement or for national defence. In either case, they are always subordinate to civil power and may not deliberate or make statements or representations individually or collectively.
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The constitution has been amended multiple times since 1949
The Constitution of Costa Rica, which came into full force on 8 November 1949, has been amended multiple times since its inception. The Costa Rican Constitution is unique in that Article 12 abolished the country's military, making Costa Rica the second nation after Japan to do so by law. Another unusual clause is an amendment asserting the right to live in a healthy natural environment.
The first constitution ever implemented in 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. Several older constitutions were in effect starting from 1812, with the most recent former constitution ratified in 1871. The Constitution of 1871 was drafted by the National Constituent Assembly of 1871, which was convened by the de facto Costa Rican President Tomás Guardia Gutiérrez. This constitution was strongly influenced by liberal ideas and would be the longest-lasting in Costa Rica's history.
In 1917, a new constitution was drafted by the National Constituent Assembly, which was convened by the de facto Costa Rican President Federico Alberto Tinoco Granados after he gained power in a coup d'état that overthrew Alfredo González Flores. This constitution was abolished in 1919, and the Constitution of 1871 was restored. However, in 1949, a new Constituent Assembly was convened, creating a new constitution that replaced the 1871 constitution. The 1949 constitution was drafted by the Costa Rican Constitutional Assembly, led by José Figueres Ferrer, and approved on 7 November 1949.
The 1949 Constitution of Costa Rica has been amended several times. For example, Law No. 7128, added on 18 August 1989, states that the Legislative Assembly shall appoint the members of the Chamber within the ten sessions following the publication of this law. Another amendment, made by subsection 1, sole article of Law No. 2741, on 12 May 1961, repealed Article 13 of the 1949 Constitution. The 1949 Constitution has also been revised in 2011 and amended to 2020.
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The constitution was influenced by the Spanish constitutionalism of Cádiz
The Constitution of Costa Rica, enacted in 1949, was influenced by the Spanish constitutionalism of Cádiz. The Spanish Constitution of Cádiz, also known as the Constitution of 1812, played a significant role in the development of both world and Latin American constitutionalism. The Napoleonic invasion of 1808 sparked the start of Spain's War of Independence and liberal constitutionalism. As a result, Parliament convened in Cádiz in 1810 and embarked on significant reforms, including the adoption of the 1812 Constitution, which embodied liberal principles such as national sovereignty, separation of powers, and the Cortes as the representative Parliament.
The 1812 Constitution had a short lifespan due to the ongoing war and the return of King Ferdinand VII, who promptly abolished it upon his restoration in 1814. However, it was briefly re-established during the constitutional triennium from 1820 to 1823. Following the death of Ferdinand VII in 1833, there were demands for a return to the constitutionalism of 1812, which led to the enactment of the Royal Statute of 1834, a form of a granted constitution. This statute recognised Parliament as the representative body but was highly conservative in its composition.
Under the reign of Isabella II, Parliament attempted to restore the 1812 Constitution but instead approved the Constitution of 1837, which reflected the progressive party's ideals, including national sovereignty recognition and a tentative declaration of rights. The Constitution of 1837 was later replaced by the Constitution of 1845, which reflected the moderate party's ideals and omitted references to national sovereignty. The fundamental rights were suppressed, and the Senate was reconfigured to be more conservative, with its composition entirely dependent on the monarch's will.
The Spanish Constitution has a rich history, with dozens of constitutions and constitution-like documents created over time. The current version, approved in 1978 after the death of dictator Francisco Franco, is the first negotiated compromise among all major parties rather than being imposed by a single party. It represents the culmination of Spain's transition to democracy and includes provisions for social rights and a definition of Spain as a "Social and Democratic State, subject to the rule of law."
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It grants equal individual and social rights to foreigners and Costa Ricans
The Constitution of Costa Rica, which came into full force on 8 November 1949, grants equal individual and social rights to foreigners and Costa Ricans. This means that foreigners have the same rights and duties as Costa Ricans, except for certain limitations and exceptions established by the Constitution and laws of the country. For example, foreigners cannot intervene in the political affairs of Costa Rica and are subject to the jurisdiction of the country's courts and authorities.
The Constitution outlines the rights and duties of individuals, regardless of their nationality. It guarantees freedom within the Republic, stating that no one under the protection of its laws can be a slave (Article 20). It also upholds the inviolability of human life (Article 21) and the right to freedom of movement and residence, both within Costa Rica and abroad (Article 22). The Constitution protects the privacy of individuals by declaring the domicile and private premises of inhabitants as inviolable, with the exception of searches conducted with a written warrant (Article 23).
In terms of nationality and citizenship, the Constitution provides a clear framework. Costa Ricans by birth are defined as those born within the territory of the Republic or born abroad to a Costa Rican parent, registered as such in the Civil Registry before the age of 25 (Article 13). The Constitution also outlines a path to citizenship for foreigners, including Central Americans, Spaniards, and Iberian-Americans who meet specific residency requirements and other legal criteria. Foreign women who lose their nationality by marrying a Costa Rican and foreign persons who lose their nationality after residing in the country for two years and expressing their desire to acquire Costa Rican nationality are also eligible for citizenship (Article 15).
The Constitution of Costa Rica, therefore, ensures that both foreigners and Costa Ricans enjoy equal rights and opportunities within the country, fostering an inclusive and just society.
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The constitution outlines the rights and duties of Costa Ricans
The Constitution of Costa Rica, which came into full force on 8 November 1949, outlines the rights and duties of Costa Ricans. The constitution establishes Costa Rica as a free and independent democratic republic, with sovereignty residing exclusively in the nation.
Rights and Duties of Costa Ricans
Costa Ricans must observe the Constitution and the laws, serve and defend the country, and contribute to public expenses. Citizenship is the aggregate of political rights and duties pertaining to Costa Ricans over eighteen years of age. Suffrage is a primary and compulsory civic function, exercised through a direct and secret vote by citizens registered in the Civil Registry. Naturalized citizens cannot vote until twelve months after obtaining their certificate of naturalization.
The constitution guarantees the freedom of all persons within the Republic, stating that no one under the protection of its laws can be a slave. It also guarantees the inviolability of human life and the freedom of movement within and outside the Republic for Costa Ricans who are free from any liability.
Rights and Duties of Foreigners
Foreigners have the same individual and social rights and duties as Costa Ricans, with some exceptions. They cannot intervene in the political affairs of the country and are subject to the jurisdiction of the courts and authorities of the Republic. They may not resort to diplomatic channels, except as provided in international conventions.
Acquisition of Costa Rican Nationality
Costa Rican nationality is not lost and cannot be waived. It is acquired by birth or by naturalization with ten years' residence in the country after naturalization. Minor children of those who acquire Costa Rican nationality also acquire it through the regulations established by law.
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Frequently asked questions
The first constitution of Costa Rica was the Cadiz Constitution or Spanish Constitution of 1812, which was in place between 1812 and 1814 and then again between 1820 and 1821.
The Costa Rican constitution was last amended in 2011.
The Costa Rican constitution has been amended several times, with major changes occurring in 1823, 1824, 1841, 1847, 1848, 1859, 1869, 1917, 1949, and 2011.
The Political Constitution of 1871 was the longest-lasting in Costa Rica, serving as the basis for the 1949 constitution.
