Claiming individual rights through a constitutional court: The example of gays in Costa Rica

    Authors

    B. M. Wilson

    Comments

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    Abbreviated Journal Title

    ICON-Int. J. Const. Law

    Keywords

    Law

    Abstract

    In 1989, a newly created Constitutional Court (Sala IV) immediately became a highly active court, ending over 160 years of Costa Rican judicial inactivity. The magistrates' actions breathed new life into the Constitution, ended judicial deference to elected officials, and consequently transformed Costa Rican political life. Simultaneously, the Sala IV magistrates assumed the role of guardians of constitutional rights, giving rise to what is frequently described as a rights revolution. The article sheds light on the sudden relevance of the forty-year-old Constitutional document through an examination of the institutional rules and procedures under which the new Court operates, and it examines the successes and failures of one of the country's most marginalized groups in seeking protection of their constitutional rights from the Court.

    Journal Title

    Icon-International Journal of Constitutional Law

    Volume

    5

    Issue/Number

    2

    Publication Date

    1-1-2007

    Document Type

    Article; Proceedings Paper

    Language

    English

    First Page

    242

    Last Page

    257

    WOS Identifier

    WOS:000246264300004

    ISSN

    1474-2640

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