
Contents
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5 Constitutional History of the Colombian Paradox (1886–2016): Hegemony, Exception, and Postponement
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6.1 History: Constitutionalism and Constitutions in Costa Rica 6.1 History: Constitutionalism and Constitutions in Costa Rica
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6.2 Constitutions 6.2 Constitutions
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6.2.1 Experimental Period 6.2.1 Experimental Period
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6.2.2 Maturation Period 6.2.2 Maturation Period
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6.2.3 Contemporary Period 6.2.3 Contemporary Period
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6.3 Rights: Between National and International Law 6.3 Rights: Between National and International Law
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6.3.1 Constitutional Rights 6.3.1 Constitutional Rights
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6.3.2 International Human Rights Law 6.3.2 International Human Rights Law
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6.3.3 Courts: Constitutional Chamber and Inter-American Court of Human Rights 6.3.3 Courts: Constitutional Chamber and Inter-American Court of Human Rights
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6.4 The Contemporary Constitution 6.4 The Contemporary Constitution
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6.4.1 Separation of Powers 6.4.1 Separation of Powers
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6.4.1.1 Executive Branch 6.4.1.1 Executive Branch
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6.4.1.2 The Legislative Branch 6.4.1.2 The Legislative Branch
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6.4.1.3 The Judicial Branch 6.4.1.3 The Judicial Branch
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6.4.1.4 The Supreme Electoral Tribunal 6.4.1.4 The Supreme Electoral Tribunal
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6.4.2 Territorial Distribution of Power 6.4.2 Territorial Distribution of Power
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6.4.3 Constitutional Reform 6.4.3 Constitutional Reform
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6.5 Constitutional Review: Courts and Judicialization 6.5 Constitutional Review: Courts and Judicialization
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6.6 Constitutional Scholarship 6.6 Constitutional Scholarship
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6 Costa Rica: Constitutions, Constitutionalism, and the Constitutional Chamber of the Supreme Court
Get accessBruce M. Wilson, Professor, University of Central Florida.
Olman Rodriguez Loaiza, Law Clerk, Constitutional Chamber of the Supreme Court of Costa Rica.
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Published:13 January 2022
Cite
Abstract
Costa Rica’s political and geographic remoteness from the Capitanía General de Guatemala (the political and economic administrative centre for Spain’s Central American colonies) allowed the province a great deal of administrative freedom that benefited the country in the independence period. A widely held view of Costa Rica’s democratic origins was based on the country’s geopolitical detachment and general poverty of the settlers. However, this view has been largely debunked and replaced by evidence that suggests that the province was neither egalitarian nor particularly democratic in its early years. This chapter demonstrates that Costa Rica’s rise as one of Latin America’s most accomplished constitutional democracies was neither immediate nor complete at the time of independence, but came about through numerous political struggles, constitutional documents, and several non-democratic governments before the country became a fully-fledged democracy, marked by the first post-Civil War election in 1953.
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