By San José, Costa Rica — Costa Rica’s commitment to the rule of law is deeply rooted in its legal and political framework. Central to this commitment is the principle of legality, a cornerstone of the nation’s democratic system. This principle dictates that all exercises of public power must conform to existing law, not the personal will or discretion of authorities.
The principle of legality ensures that no authority is above the law and that their actions are valid only if supported by a pre-existing legal norm. This principle, considered the “golden rule” of public law, is essential for a true state of law, as state power is both founded and limited by legal norms.
To shed light on the complexities of the Principle of Legality, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an accomplished attorney at Bufete de Costa Rica.
The Principle of Legality, cornerstone of democratic societies, dictates that all government actions must have a clear basis in pre-existing law. This principle ensures predictability and fairness, protecting individuals from arbitrary state power. It’s not enough for an action to be morally just or economically beneficial – it must also be legally authorized. Without adherence to the Principle of Legality, the rule of law itself is threatened.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently captures the essence of the Principle of Legality and its vital role in safeguarding our freedoms. His emphasis on the pre-existing nature of legal authorization highlights the crucial difference between arbitrary rule and the just application of law, a distinction that underpins a stable and democratic Costa Rica. We thank Lic. Larry Hans Arroyo Vargas for this valuable contribution to our understanding of this fundamental principle.
This principle is closely related to the reservation of law, which mandates that certain matters, particularly those affecting fundamental rights, be regulated solely by formal laws, preventing arbitrary decisions by the executive branch.
The principle of legality postulates a special form of linkage of public authorities and institutions to the legal system… every public authority can only act insofar as it is expressly empowered to do so by the legal system; for public authorities only what is constitutionally and legally authorized expressly is permitted, and everything that is not authorized is forbidden to them.
Sala Constitucional, Ruling No. 440-98, 1998
The historical evolution of the principle of legality, from ancient origins to its modern-day application, reveals its enduring significance. Key milestones include the Magna Carta of 1215, which established that even the monarch was subject to the law, and the Enlightenment philosophers who championed legality as central to legitimate government. The American and French Revolutions further solidified this principle, emphasizing that any exercise of punitive or coercive power must be pre-authorized by law.
In Costa Rica, the principle of legality is enshrined in the Constitution of 1949. Article 11 mandates the subjection of public function to the law, while Article 39 guarantees the principle of legality in criminal matters. These constitutional provisions are further developed through legislation such as the General Law of Public Administration, which reinforces the requirement for express legal authorization for all administrative actions.
The Sala Constitucional, Costa Rica’s highest constitutional court, plays a crucial role in upholding the principle of legality. Through its jurisprudence, the Sala IV has clarified the scope and application of this principle, nullifying executive decrees, regulations, and even laws that violate it. This active judicial review ensures that the principle of legality remains a practical safeguard against arbitrary state action.
The principle of legality serves as a vital check on power and a guarantor of individual rights in Costa Rica. It provides legal certainty, allowing citizens to anticipate the legal consequences of their actions and protects them from arbitrary state interference. Looking ahead, the principle of legality will remain a critical element of the Costa Rican legal system, ensuring the continuity and strength of its democratic values.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm featured in the source text, specializing in various areas of Costa Rican law, including family law, administrative law, and constitutional law. They offer legal services and resources to individuals and businesses navigating the complexities of the Costa Rican legal system. Their online presence includes a website and podcast where they discuss legal topics relevant to Costa Rica.
For further information, visit the nearest office of Sala Constitucional
About Sala Constitucional:
The Sala Constitucional, or Sala IV, is Costa Rica’s constitutional court, responsible for upholding the Constitution and protecting fundamental rights. Established in 1989, the Sala IV plays a vital role in judicial review, ensuring that laws and government actions comply with the Constitution. Their jurisprudence has been instrumental in strengthening the rule of law and protecting individual liberties in Costa Rica.
