[3] After the war, when the Mexican Empire had fallen and Central America had become the United Provinces, another Provincial Congress was convened again by the interim president and leader of the winning Republican side Gregorio José Ramírez, who handed over the power to said body which held it between April 16 and on May 10, 1823.
[2] This Congress ratified the power of Ramírez, defined the capital of San José and issued the Second Political Statute of the Province of Costa Rica that temporarily served as a constitution within the Federation of Central America.
On March 8, 1841 then dictator Braulio Carrillo Colina enacted the Decree of Basis and Guarantees, which worked as de facto Constitution on his regime.
From 1838 to 1870, a large number of Constituent Assemblies with a greater or lesser degree of effectiveness, independence or legislative power were raised.
[5] Braulio Carrillo assumes power in Costa Rica as a dictator in 1838 and calls a Constituent Assembly that is suspended indefinitely.
[5] In April 1842 General Francisco Morazán took power in Costa Rica by overthrowing Carrillo and calling a Constituent Assembly in June.
[5] Ousted Morazán and elected interim president José María Alfaro, on April 5, 1843, he convened a Constituent Assembly that was officially established on June 1.
[5] He drafted the Constitution of 1844, which would leave unhappy the military hierarchy that would overthrow the then ruler, Antonio Pinto Soares who would return power to Alfaro on June 7, 1846.
[5] Being president José María Montealegre Fernández operated a Constituent Assembly from October 16 to December 26, 1859, which drafted the respective Constitution.
The part of the Constitution of 1859 referred to the Executive Branch was again in effect for a brief period, from August to October 1870 In 1868, Jesús Jiménez Zamora overthrew José María Castro Madriz, convoking a constituent on November 15 of that year and legislating by decree authoritatively.
[6] Guardia called for new elections that selected a total of twenty constituent deputies who drafted the Political Constitution of 1870 strongly influenced by liberal ideas.
Among other things, it postulated the duty of the State to protect the working class and created a bicameral Parliament with a Senate and a Chamber of Deputies.
[7] It also endowed the population with a large number of civil rights, although more so in the theory that in practice, the Tinoquista regime was exceptionally repressive.
This Assembly recognized the verified presidential election in favor of Otilio Ulate Blanco and provided that he exercised the presidency from 1949 to 1953.
It provides that provisions contrary to the Constitution are null and that the Supreme Court can declare the laws and executive decrees unconstitutional.
The Legislature lost some of their traditional, such as those relating to the election authority, but took others, including those to question and give vote of confidence to the Ministers and appoint investigating committees.
Concerns the executive branch exercising the President of the Republic and the Cabinet Ministers, as they subordinate collaborators and are freely appointed and removed by him.
The Governing Council composed of the President and the Ministers and has specific functions, such as exercising the right of pardon and appoint and dismiss diplomatic representatives.
These include state banks, insurance institutions estatatales and new bodies set up by the Legislative Assembly by vote of at least two thirds of its members.
Among the most important reforms include: Proposals to convene a new Constituent Assembly in Costa Rica to draft a new Political Constitution have been circulating for several years.
In 2016, the Supreme Electoral Tribunal authorized the collection of signatures to submit to a referendum the bill that would call a Constituent,[9] although the process was held back by the filing of an amparo appeal before the Constitutional Chamber.
Arias mentioned to La Nación newspaper in December 2008 the interest of calling a referendum for that purpose and then holding the elections of constituent deputies.
[14] In 2016, the New Constitution for Costa Rica Movement was founded by different figures, among them the former liberationists Maureem Clarke, Walter Coto and Álex Solís, the former ambassador to Venezuela and historian Vladimir de la Cruz, the academic Francisco Barahona and the former libertarian deputy Patricia Pérez.
[17] According to the original text, the Assembly would consist of 45 members, with an equal number of men and women, elected by closed lists of 27 nationals and 18 provincials to be installed on November 7, 2019 and extend for 20 months and draft a Constitution that is in effect by September 15, 2021.
Now it contemplated 61 deputies, half men and women, and a period of 15 months to discuss the new constitution so that it could enter into force on September 15, 2021.
However, scholar and researcher at the University of Costa Rica Esperanza Tasies filed a writ of amparo against the ruling of the TSE on Thursday, February 16, 2017.