Bruce M. Wilson, Claiming individual legal rights because of a constitutional legal: This new exemplory instance of gays for the Costa Rica, International Record regarding Constitutional Laws, Volume 5, Thing dos, , Users 242–257,
Conceptual
In 1989, a recently composed Constitutional Legal (Sala IV) immediately became an incredibly productive courtroom, end more 160 several years of Costa Rican judicial laziness. The brand new magistrates’ actions breathed new life towards the Constitution, finished official deference so you can decided on officials, and consequently turned Costa Rican governmental lives. At exactly the same time, the fresh Sala IV magistrates assumed the latest part out-of guardians regarding constitutional liberties, offering increase to what is normally called a liberties revolution. The content sheds light on the sudden benefits of the forty-year-dated Constitutional document through a study of this new organization rules and you may procedures under that new Court works, plus it explores the new achievements and you can problems of one of state’s really marginalized groups during the looking to protection of their constitutional liberties in the Courtroom.
Inclusion
In 1999, Costa Ricans known the Constitution’s fiftieth anniversary. step 1 The brand new value of one’s Composition throughout these fifty decades is frequently put into a couple of distinctive line of episodes, before and after the fresh 1989 production of a constitutional chamber of new Best Judge (Sala Constitucional or Sala IV). 2 Ahead of 1989, the newest constitutionality of lawmakers’ steps are barely confronted, and you can political figures considered the “capability to legislate is pure,†allowing them to routinely disregard constitutional constraints to their efforts. step three Yet not, new thorough personal and social rights terms of your Constitution was basically hardly ever handled by Finest Courtroom. cuatro What off Sala IV magistrates provides breathed new life to the Structure and you will transformed Costa Rican politics, 5 while the Sala IV features routinely read and you may definitely felt like personal rights states. It is generally concurred one to, because the 1989, Costa Rica has experienced a judicial revolution- much more particularly, a “rights†revolution-who’s advised some one and you may communities away from nearly all market away from community to turn into the Judge having redress. six
As the magistrates of one’s Finest Court in past times deferred towards well-known twigs of authorities, it now work as energetic guardians of your own Composition. Overall Sala IV magistrate, Eduardo Sancho, put it: “It’s important knowing the brand new Sala IV far less a keen place created to become at provider of one’s government department, however, some the reverse: to guard the new legal rights xdating of men and women.†eight The new magistrates has actually daily and you will decisively ruled in instances of private liberties claims, frequently and only politically weak and socially ines Sala IV behavior into cases filed by the several of the most weakly arranged, politically and socially marginalized people in Costa Rican society. In advance of this, it discusses this new official organization build pre and post the fresh new development out-of Sala IV to describe the new origins of your Court’s heightened official activism and you may, in particular, the latest restored significance assumed by constitutional specifications because the the new chamber was in operation.
step one. From judicial inactivity to help you official activism
Towards earliest 160 years of independence, Costa Rica’s Finest Legal behaved like many almost every other Latin american courts, running on the assumption the measures of your own preferred twigs off government was indeed constitutional unless of course they were egregiously and of course otherwise. 8 Such as remaining portion of the part, Costa Rica’s constitutions integrated expenses off legal rights which were mainly overlooked and you may, more often, merely “parchment traps, inadequate facing governmental stamina.†nine For decades discover big conflict one of several branches out-of regulators regarding the official review. It wasn’t until 1938 that the Supreme Courtroom centered the “official supremacy when you look at the constitutional issues.†10 However,, such as a lot of the rest of Latin The usa, brand new constitutional claims off individual legal rights afforded nothing coverage against the caprices out-of political managers, particularly for marginalized people. eleven
