Claiming individual legal rights due to good constitutional court: The fresh new instance of gays for the Costa Rica
Bruce Yards. Wilson, Claiming personal rights as a consequence of an effective constitutional court: The brand new example of gays inside the Costa Rica, All over the world Record regarding Constitutional Law, Frequency 5, Procedure dos, , Pages 242–257,
Abstract
During the 1989, a freshly created Constitutional Court (Sala IV) immediately turned a highly effective judge, ending more 160 years of Costa Rican official inactivity. The fresh new magistrates’ actions breathed new life towards the Constitution, finished official deference in order to selected authorities, and consequently switched Costa Rican political life. In addition, the new Sala IV magistrates assumed the fresh new role away from guardians out of constitutional legal rights, providing rise as to what is sometimes described as a rights revolution. This article falls out white to the abrupt value of forty-year-old Constitutional document thanks to an examination of new organization statutes and you can steps significantly less than which the the fresh Judge works, plus it examines the newest achievements and disappointments of just one of one’s state’s extremely marginalized teams within the seeking to security of the constitutional rights in the Legal.
Introduction
Within the 1999, Costa Ricans celebrated the Constitution’s fiftieth anniversary. 1 The newest benefit of your own Constitution within these 50 many years are on a regular basis divided in to several distinct periods, pre and post the fresh new 1989 production of an excellent constitutional chamber off the Best Legal (Sala Constitucional otherwise Sala IV).
