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Description

"The purpose of this book is to present a picture of constitutional adjudication in Costa Rica in a way that will be interesting and useful to students of comparative constitutional law, legal and political history, government, and Latin American area studies. The term "constitutional adjudication," as used herein, refers to those processes and procedures by which constitutional questions are presented to and answered by judicial tribunals, and the substantive constitutional jurisprudence thus produced. The organization of the book is, for the most part, historical.

Chapter I focuses on the system of constitutional adjudication that developed gradually during the early part of the Twentieth Century, was modified and clarified by the Constitution of 1949 and laws enacted shortly thereafter, and remained in operation until 1989.

Chapter II begins with an overview of Costa Rica's constitutional history, and particularly its methods of resolving constitutional questions - from independence (in 1821) to 1989. That overview is followed by a fairly detailed examination of the proposals, arguments, and processes that in 1989 resulted in the substantial reform of the process of constitutional adjudication. The chapter concludes with an examination of the early jurisprudence under the 1989 reform and a suggestion of some of its successes and problems evident in the early 1990's.

Chapter III is devoted to a discussion and evaluation of the first decade of the new (i.e., 1989) system of constitutional adjudication, in both its juridical and general aspects. Chapter IV begins where the preceding chapter leaves off, explaining and analyzing those Twenty-First Century decisions of greatest juridical, political, and societal importance, and identifying areas of new or continuing controversy difficulty." -- from Publisher's website

ISBN

9781600420450

Publication Date

2008

Publisher

Vandeplas Publishing

City

Lake Mary, FL

Keywords

costa rica, constitution

Disciplines

Constitutional Law | Law

Constitutional Adjudication: The Costa Rican Experience

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