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Politics

The Government System of Costa Rica

Costa Rica is a country located in the Central American region between the North and South American continents and is bordered with Panama and Nicaragua and has a coast along both the Caribbean Sea in the Atlantic Ocean on one side and the Pacific Ocean on the other. Its capital city San Jose is located in the center of the country.

The area that is Costa Rica was inhabited by Indigenous peoples before the area was eventually colonized and incorporated into the Spanish Empire and made part of the Captaincy General of Guatemala, a largely autonomous area under the Viceroyalty of New Spain, where it would become one of the poorest colonies, due to a number of factors such as distance from the captaincy capital, legal prohibition from trade with Panama, lack of resources as well as the lack of significant indigenous population in the area that could have been exploited via forced labour to set up plantations.

After Spain’s defeat in the Mexican War of Independence the entire Central America region attained independence as the Federal Republic of Central America, during this time a civil war broke out in Costa Rica over if they should become fully independent or incorporated into the Mexican Empire, the outcome of the war led to independence.

In the later years there would be a second civil war in the country due to a dispute over a presidential election, with the legislature annulling the outcome, leading to a commander of their armed forces rebelling and overthrowing the government with the backing of Guatemala and the US (likely due to Communists fighting on the side of the Government). A provisional government junta was set up, fresh elections were held and a new constitution was drafted and the military was abolished, making Costa Rica one of the only country’s not to have a standing army (it relies on the US for defense).

Since then the country has not experienced any significant political or social violence and is seen as one of the most peaceful countries in the world and also one of the most environmentally friendly as well.

The official language is Spanish and other nationally recognised languages include Mekatelyu, Bribri and Patois. The largest religion is Roman Catholic and the country’s currency is the Costa Rican colón. The country’s population is estimated to reach 5,097,988 by July 2020 according to the CIA World Factbook.

Government Type

Costa Rica Coat of Arms

Costa Rica is a Presidential Representative Democratic Republic where the elected President is both Head of State and Head of Government and there is an elected unicameral chamber of parliament that makes up the legislative government. Multiple parties are allowed.

Executive Government

48th President of Costa Rica. Photo by MadriCR from Wikimedia. CC BY-SA 4.0 Source.

As already stated, there is a President who is both Head of State, representing the country abroad in diplomatic and foreign affairs and the President is also Head of Government, giving the position many powers to organise it.

The President and the Ministers of Government together exercise the Executive Power. One of the two Vice-Presidents (by order of nomination) will take over the post of President if the President is in absolute absence. For temporary absence the President can call either of the Vice-Presidents to stand in. If for whatever reason the Vice-Presidents cannot stand-in then it will be the President of the Assembly instead.

The President’s powers include freely appointing and removing Ministers of Government; officially representing the Nation and exercises the supreme command of the Public Force. Communicates with the Legislative Assembly and informs them on various matters of Administration, political state of the Republic, proposal of measures for good functioning of the Government and the progress and wellbeing of the nation, also informs the legislative chamber when he intends to leave the country and the motives for trips.

For a person to be appointed a Minister of Government they must be a citizen in exercise either Costa Rican born or a person naturalized with 10-years of residency, have a secular status and to be at least 25-years or older. Members of the Legislative Assembly appointed as a Minister must vacate their seat in parliament during the time they are Minister but can return afterwards.

The President and Ministers working together as the Executive Power have further powers that include freely appointing and removing members of the public force; appoint and remove, with subject to the law, members of the Civil Service and the rest of the public servants of their dependency; sanctions and promulgates laws passed by the Legislative chamber, regulate and execute them and see to their full exactment.

Can decide on implementing emergency provisions and suspensions of certain parts of the constitution allowed to be under extraordinary circumstances which is consented to by a two-third vote of the Legislative chamber.

Maintains order and tranquility of the Nations; see to collection and investment of national income in accordance with the law; direct international relations and sign/promulgate treaties given approval by the Legislative chamber; see to good functioning of administrative services and dependencies; convoke the Legislative Assembly to ordinary or extraordinary sessions and send the bill of National Budget to the Legislative Assembly, among other powers.

Decrees and decisions of the Executive Power require the signature of the President of the Republic and the Minister of the branch it relates to and also in some cases the approval of the Council of Government for it to have effect.

The Council of Government is formed by the President of the Republic and the Ministers of Government to exercises functions that include asking the Legislative Assembly to declare a state of national defense and to give authorization to decree military recruitment, to organise army and to negotiate peace. The Council also exercises the right of pardon in a form dictated by law; appoints and removes diplomatic representatives; appoints directors of autonomous institutions whose designation corresponds to the Executive Power; and finally, to resolve other businesses and matters submitted to it by the President if needed.

Legislative Government

Legislative Assembly. Photo by MadriCR from Wikimedia. CC BY-SA 4.0. Source.

The legislative government is made up of a single unicameral chamber called the Legislative Assembly of Costa Rica that has a set 57-members that are proportioned between each of the country’s provinces by the Supreme Tribunal of Elections based on each Census.

The Legislative Assembly introduces, amends, rejects and passes legislation which then goes on to be sanctioned by the Executive Power. The Executive Power can choose within a 10-day limit to return the bill without sanction to the Legislative Chamber due to them determining it is inappropriate or believes that certain parts should be changed. The Legislative chamber can then either choose to adopt the observations or reject them, upon rejecting passing the bill again will require a two-third majority, when passed again, with or without observations adopted, then the bill must be sanctioned by the Executive Power.

Legislature members and the Executive Power can both introduce legislation to the Assembly through permanent commissions appointed by the legislature, reflecting its composition of members as best as possible. Adopts the Republic’s budgets. Also establishes national taxes and contributions and authorize municipal ones.

International treaties and agreements are approved by the Legislative Assembly, with treaties that effect territorial integrity and governmental organisation requiring the approval of at least two-thirds as well as two-thirds of a convoked Constituent Assembly.

The Assembly appoints titular and substitute Magistrates of the Supreme Court of Justice for 8-year terms by a vote of two-thirds of members. They will be considered re-elected for equal periods unless this is voted against by two-thirds of the Legislative Assembly.

Magistrates to be eligible must be Costa Rican from birth or naturalized and living in the country for at least 10-years (although the President of the Supreme Court must be Costa Rican from birth), be a citizen in exercise, have a secular status, be older than 35-years of age and to possess a degree of lawyer that is issued or legally recognised in Costa Rica and to have exercised the profession for at least 10-years, unless it concerns judicial functionaries with judicial practice of at least 5-years.

Members of the Supreme Court internally appoint the various chamber presidents of the Supreme Court and appoint the President of the Supreme Court by the nominations from the Magistrates.

The Assembly gives assent for the entrance of foreign troops or for stationing of ships of war in the seaports or airports; can authorize the Executive Power to to declare a state of national defense or to agree to peace; vote by two-thirds majority to implement exceptional emergency provisions, including suspensions of specific parts of the constitution as stated in the constitution, on all or part of the national territory for up to 30 days; decides on doubts of the physical or mental incapacity of the President of the Republic and if removed decide on if the person who must substitute for the President be called to exercise that power.

Appoints the Comptroller and Sub-Controller of the Republic.

Also decides on accusations against the President of the Republic, Vice-Presidents, members of the Supreme Powers and Diplomatic Ministersm, whether they should be admitted and declaring by a two-third vote if cause should be formed or not against them and placing them in front of the Supreme Court of Justice. Can put forth a motion of Censure against Ministers of Government, accepted by a two-third majority.

Can appoint investigative commissions.

Can grant general amnesties and pardons for political crimes at a vote of a two-third majority.

At least 5% of the citizens inscribed on the electoral role can convoke a referendum, confirmed by a two-third vote of the legislature or by the Executive power jointly with the absolute majority of the totality of members of the legislative assembly, to approve or to abrogate laws and partial reforms of the constitution. This cannot be done on money bills. A bill of popular initiative can also be brought forth to the Assembly by at least 5% inscribed on the electoral role.

At the start of each legislature after parliamentary elections, members elect the chambers Directorate including the President and Vice-President of the Legislative Assembly who much meet the same requirements as the President of the Nation for the roles. The President of the Assembly works to regulate debate, direct agenda and make sure chamber rules are enforced.

Sessions of the Legislative Assembly are publicly open unless members vote by two-thirds majority of those present to have a closed session. The Executive branch/power can convoke an extraordinary session of the chamber.

Electoral System

Image by Ahoerstemeier from Wikimedia. CC BY-SA 3.0. Source.

Presidential Elections happen every 4-years. The system used requires a candidate to get at least 40% or more of the vote to win in the first round otherwise a 2nd round is held between the top two candidates which is won by simple majority. The President and two Vice-Presidents are elected on the same ballot. A President must wait 8-years after serving a 4-year term to run for the presidency again.

Candidates for President and Vice-President must be a Costa Rican citizen from birth and a citizen in exercise, have secular status and be older than 30-years-old.

Parliamentary elections happen every 4-years to elect the 57-members of the Legislative Assembly. Multiple members are elected using a closed-list proportional representation system from each province (with how many deputies each province is allocated based on its population). Elected members cannot serve successive terms but can run again after sitting out a 4-year term.

Candidates must be a citizen in exercise, either Costa Rican from birth or by naturalization with 10-years of residence in the country after obtaining nationality. Candidates must also be at least 21-years or older. Those holding positions of government, judicial or security forces or managers of autonomous institutions cannot run.

If a member of the Legislature is appointed to a ministry position in Government and decides to take it on then they must vacate their seat during that time, but can return after the ceasing of their functions.

To vote in elections one must be a citizen of Costa Rica and be at least 18-years-old. Voting is mandatory in Costa Rica.

Sources

My sources come from the country’s 1949 constitution with amendments through to 2011 from constituteproject.org and so should be as accurate as possible but the chance remains that I may have misinterpreted some parts and of course the constitution can always change and so this post may eventually become outdated and so cross-checking is suggested when using this in a serious capacity. I got some information such as on population and election and constitutional amendment procedure from the CIA World Factbook.

A proposal to amend the constitution can be brought forth by at least 10-members of the Legislative Assembly or 5% of the citizens on the electoral role. Consideration of proposals require a two-thirds majority approval in each of three readings by the Assembly, it is then made into a legislative bill which is approved by a simple majority and then the actual passage of this requires a two-thirds majority vote of the Assembly, a two-third vote of the Assembly can also convoke a referendum for the constitutional Amendment to be given consent by the nation, but it is not needed.


Next up will be the government system of Cote d’Ivoire (Ivory Coast).

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