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Constitution of Costa Rica


The Constitution of Costa Rica is the supreme law of Costa Rica. At the end of the 1948 Costa Rican Civil War, José Figueres Ferrer oversaw the Costa Rican Constitutional Assembly, which drafted the document. It was approved on 1949 November 7. Several older constitutions had been in effect starting from 1812, with the most recent former constitution ratified in 1871. The Costa Rican Constitution is remarkable in that it abolished the Costa Rican military, making it the first nation to do so by law. Another unusual clause include an amendment asserting the right to live in a healthy natural environment.

The junta led by José Figueres Ferrer took office in Costa Rica on 1948 May 8 under the name of the Founding Board of the Second Republic, and the same day provisionally reinstated the validity of the national chapters, individual and social rights of the 1871 Constitution. On 1948 September 3, the Board called for elections for a Constituent Assembly, which opened on 1949 January 15. This Assembly recognized the verified presidential election in favor of Otilio Ulate Blanco and provided that he exercised the presidency from 1949 to 1953.

The Foundation Board of the Second Republic appointed a committee of jurists to prepare a draft Constitution. The Constituent Assembly rejected their draft and instead took as a basis for discussion the Constitution of 1871, although in the course of the revisions they admitted some elements of it. On 1949 November 7, the Assembly approved the new constitution, which is currently in force.

In its original wording had 199 articles distributed in eighteen titles and 19 transitory articles.

Title 1 declares that the Republic is free and independent, it proclaims that sovereignty resides in the nation, setting the limits of Costa Rican territory and consecrates its sovereignty over the airspace above its territory, territorial waters and constitutional platform. It provides that the government is popular, representative, alternative and responsible and is exercised by the legislative, executive, and judicial branches. It provides that provisions contrary to the Constitution are null and that the Supreme Court can declare unconstitutional the laws and executive decrees. The army as a permanent institution is abolished.


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