Claiming personal legal rights through a great constitutional legal: The brand new instance of gays inside the Costa Rica
* Representative teacher out-of governmental research, School out of Central Fl, and you may invitees specialist during the Chr. Michelsen Institute, Bergen, Norway. It is a revised type of a newsprint shown at the “Courts plus the Marginalized: Comparative Knowledge” workshop at Universidad Diego Portales, Santiago, Chile, . The writer really wants to give thanks to Juan Carlos Rodriguez Cordero, Roberto Gargarella, Siri Gloppen, Rachel Sieder, Kerstin Hamann, and I•Fraud reviewers and you will publishers. Email:
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Bruce Yards. Wilson, Stating personal rights as a consequence of good constitutional legal: The newest example of gays from inside the Costa Rica, International Diary off Constitutional Legislation, Regularity 5, Material 2, , Profiles 242–257, Navbar Look Filter Mobile Enter search term Browse Navbar Look Filter out Get into keywords Browse
Abstract
During the 1989, a newly created Constitutional Court (Sala IV) instantly turned a very active judge, ending more than 160 years of Costa Rican judicial inactivity. The fresh new magistrates’ steps breathed new way life with the Structure, ended official deference to chose officials, and consequently switched Costa Rican governmental life. On top of that, the brand new Sala IV magistrates presumed the new role out-of guardians of constitutional rights, offering rise as to the might be called a legal rights wave. The article falls out light on the abrupt relevance of the forty-year-dated Constitutional document through an examination of the new institutional laws and you can strategies around which the the fresh Judge operates, plus it examines the fresh accomplishments and you will failures of 1 of the state’s most marginalized groups in the trying cover of its constitutional rights throughout the Judge. …
