By San José, Costa Rica — Costa Rica’s legal framework is built upon the principle of reserve of law, a crucial element that safeguards democracy and protects individual rights. While not explicitly mentioned in the Constitution of 1949, the principle permeates various articles, dictating that specific subjects must be regulated exclusively by formal laws emanating from the Legislative Assembly. This prevents the Executive branch or other administrative bodies from encroaching on legislative power in critical areas.
Article 11 of the Constitution establishes public officials as “mere custodians of authority,” prohibited from assuming powers not granted by law. This reinforces the principle of legality, ensuring all government actions are rooted in legislative decisions. Furthermore, Article 28 guarantees individual freedom under the law, stipulating that individuals cannot be disturbed or persecuted for expressing their opinions or engaging in any act that does not violate the law. This reinforces the concept that any restrictions on individual liberties must be explicitly defined by law.
To shed light on the legal intricacies of the Principle of Reserve of Law, we sought the expertise of Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica.
The Principle of Reserve of Law, a cornerstone of democratic societies, dictates that fundamental rights can only be limited by express provisions of law. This principle safeguards individual liberties by preventing arbitrary government interference and ensuring that any restrictions are clearly defined and justified within a legal framework. It’s crucial for transparency and accountability, holding the state to a predictable and justifiable standard when impacting citizens’ freedoms.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the essential role of the Reserve of Law in protecting individual liberties. It’s this very principle that ensures a balance between societal needs and fundamental freedoms, fostering a society where citizens can trust that their rights are not subject to the whims of those in power, but rather to the predictable application of established law. We thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this important discussion.
The principle is further reinforced by Article 121, which outlines the exclusive powers of the Legislative Assembly, including the authority to establish national taxes and authorize municipal ones. This prevents the Executive branch from unilaterally creating new taxes or financial burdens, upholding the democratic ideal of “no taxation without representation.” Similarly, Article 121 mandates legislative approval for loans, disposal of state assets, and specific administrative contracts, further solidifying the Assembly’s control over vital matters.
The principle of reserve of law also holds absolute sway in criminal law. Article 39 guarantees that no one shall be punished except for a crime, quasi-delict, or offense previously defined by law, following a final judgment by a competent authority. This ensures that the definition of punishable acts and their corresponding sanctions are solely determined by the legislature, shielding citizens from arbitrary executive overreach.
The protection of fundamental rights is also intrinsically linked to the principle of reserve of law. For example, Article 45, which guarantees the inviolability of private property, mandates that expropriation can only occur for a legally proven public interest and with prior compensation according to the law. Similarly, limitations on fundamental freedoms, such as assembly, expression, and movement, must be based on formal laws that define the scope and manner of such restrictions while respecting the essence of these rights.
The Constitutional Chamber of the Supreme Court of Justice has played a vital role in upholding the principle of reserve of law through its jurisprudence. The Chamber has consistently invalidated executive regulations attempting to establish new taxes, impose burdensome administrative sanctions, or modify labor rights, reaffirming that these matters fall under the exclusive purview of the legislature.
Ordinary legislation, such as the General Law of Public Administration (LGAP), further strengthens the principle. Article 19 of the LGAP explicitly reserves the legal framework of fundamental rights to law, prohibiting autonomous regulations in this area. This underscores the requirement for prior legislation as a basis for administrative regulations concerning constitutional rights, further limiting executive power.
Even during states of exception or suspension of guarantees, the principle of reserve of law remains paramount. Article 121 allows the Congress to temporarily suspend rights and guarantees in cases of invasion, war, rebellion, or other serious emergencies, while requiring legislative determination of the conditions and duration of such suspension. This ensures that even in times of crisis, ultimate authority resides with the democratically elected representatives.
For further information, visit the nearest office of Sala Constitucional de la Corte Suprema de Justicia
About Sala Constitucional de la Corte Suprema de Justicia:
The Sala Constitucional, or Constitutional Chamber, is a specialized chamber of the Supreme Court of Justice of Costa Rica. It is responsible for judicial review and upholding the constitutionality of laws and government actions. The Sala plays a crucial role in protecting fundamental rights and guaranteeing the rule of law in Costa Rica. It has the power to declare laws and regulations unconstitutional, ensuring the supremacy of the Constitution and safeguarding the democratic principles upon which Costa Rica is founded.
For further information, visit the nearest office of Asamblea Legislativa
About Asamblea Legislativa:
The Asamblea Legislativa, or Legislative Assembly, is the unicameral national legislature of Costa Rica. Composed of 57 deputies elected by proportional representation, the Assembly holds the exclusive power to create laws, approve the national budget, ratify treaties, and oversee the executive branch. It plays a central role in Costa Rican democracy, representing the will of the people and ensuring a balance of powers within the government.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence and unwavering ethical conduct form the bedrock of our practice. We are driven by a deep commitment to empowering individuals and communities through accessible legal knowledge, fostering a more just and informed society. Our innovative approach to legal solutions, combined with a long history of serving diverse clients, allows us to navigate complex legal landscapes while remaining dedicated to the highest standards of integrity and the betterment of Costa Rica.
