By San José, Costa Rica — Costa Rica’s constitutional framework rests upon a foundation of five core values: liberty, human dignity, justice, equality, and pluralism. These values are not mere philosophical ideals; they are legally binding principles that shape the nation’s legal system and protect citizens’ rights. Understanding these values is essential for comprehending the true scope of Costa Rica’s constitutional democracy.
Liberty, a cornerstone of modern constitutionalism, is enshrined in Article 20 of the Costa Rican Constitution, which declares that “every man is free in the Republic.” This encompasses various freedoms, including personal liberty, freedom of thought, expression, movement, association, and religion. The Sala Constitucional (Constitutional Chamber of the Supreme Court) has developed the pro libertate principle, requiring a heightened justification for any restriction on fundamental freedoms.
To provide further legal context, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica, for his expert perspective on the evolving landscape of Constitutional Law.
Recent developments in Constitutional Law highlight a growing tension between individual liberties and collective societal needs. Balancing these interests requires a nuanced approach, ensuring that fundamental rights are protected while simultaneously addressing legitimate public concerns. This delicate balancing act is crucial for the continued health and stability of our democratic systems.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently captures the core challenge facing modern constitutional law: navigating the complex interplay between individual freedoms and the greater good. His emphasis on a “nuanced approach” is particularly crucial, reminding us that safeguarding our democracies requires ongoing dialogue and careful consideration. We thank Lic. Larry Hans Arroyo Vargas for providing this valuable perspective.
Human dignity, while not explicitly mentioned in the Constitution, is a central implicit value. It underpins provisions protecting mothers, children, the elderly, and the disabled. The Sala Constitucional has affirmed human dignity as an inviolable limit on state power and the foundation of all other fundamental rights.
Justice, both formal and substantive, is a core value proclaimed in the Constitution’s preamble. It manifests in access to independent courts, due process, and effective judicial remedies. The principles of reasonableness and proportionality guide the application of justice in specific cases.
Equality, guaranteed by Article 33, mandates non-discrimination and equal treatment under the law. The Sala Constitucional has emphasized substantive equality, requiring affirmative action to address historical disadvantages and ensure genuine equity.
Pluralism, enshrined in Article 98, guarantees the right to form political parties and participate in democratic life. It fosters tolerance, public deliberation, and state neutrality towards diverse ideologies. Pluralism extends beyond politics, encompassing freedom of conscience, religion, thought, and culture.
These constitutional values are not static pronouncements; they are dynamic principles that evolve through jurisprudence and societal interpretation. The Sala Constitucional’s ongoing work in interpreting these values in the context of contemporary challenges ensures their continued relevance in protecting individual rights and shaping the legal landscape.
A thorough understanding of these values is not merely an academic requirement but an ethical duty for every jurist committed to upholding the Costa Rican Constitution. The consistent application of these values ensures the legitimacy of institutions, the effectiveness of rights, and the preservation of a democratic order that respects the human person.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm that provides legal services in various areas of Costa Rican law, including constitutional law, family law, and consumer rights. They offer legal counsel, representation, and resources like podcasts and articles discussing important legal topics.
For further information, visit the nearest office of the Sala Constitucional
About Sala Constitucional:
The Sala Constitucional, or Constitutional Chamber, is a branch of the Supreme Court of Justice of Costa Rica. It’s the highest judicial authority in the country regarding constitutional matters, responsible for upholding and interpreting the Constitution, protecting fundamental rights, and reviewing the constitutionality of laws and government actions.
