Costa Rica is a republic, the government of which is representative, the representatives being classified so that one-half retires every two years. Since 1825 Costa Rica has had nine constitutions, the last one having been promulgated in 1871.
The government is administered through three distinct branches; namely, the legislative, executive and judicial.
Legislative powers are vested in a single house whose members are chosen, one for every 8000 inhabitants, for a term of four years by an electoral college. This body is called the “Constitutional Congress” and assembles every year on May 1 for a sixty days’ session, which may be extended for thirty days more.
The executive power is vested in the President of the Republic who is elected for four years and has the power of naming or removing his four cabinet ministers.
Annually, in May, Congress appoints, for a term of one year, three substitutes called “designados.” During the intervals between sessions of Congress legislative power is represented by a board of five commissioners appointed by Congress.
Judicial power is lodged in a Supreme Court and in subordinate tribunals as constituted by law. The judiciary is changed every four years.
Suffrage is restricted to popular conventions which choose a limited number of electors. These meet in a body called the electoral assembly and proceed to choose the President of the Republic and the Congressmen.
The Republic is divided into five Provinces and two Comarcas or Territories. Both are divided into Cantones, and the Cantones are subdivided into districts.
The Territories are represented in Congress in the same way as the Provinces.
Each Canton has a municipal organization popularly elected and a political chief named by the President.
In each of the Provinces or Territories there is a Governor, and a military commandant also named by the President, and a Judge of First Instance appointed by the Supreme Court.
Costa Rica, as soon as she became a member of the Central American Confederation, organized a judiciary of her own consisting of a superior court, several tribunals of first resort in the provinces, and the alcaldes of towns who were justices of the peace with jurisdiction over petty affairs both civil and criminal. The Supreme Court has since undergone many changes.
The Supreme Court is a Court of Law composed of five justices. Two Courts of second instance have three magistrates each.
In each of the Provinces and in the Comarca of Puntarenas there are judges having criminal and civil jurisdiction.
In the chief towns of each Canton the alcaldes act in civil cases of minor importance, and in criminal cases are judges of petty offenses, and for graver charges are committing magistrates.
In the districts the justices of the peace and the police are charged with maintaining the public peace and they act for small misdemeanors in a summary way.
For fiscal affairs there are an Inspector General of Hacienda, an alcalde of Hacienda, and a National Judge of Hacienda. There is also a special judge of mines residing at San Mateo.
Punishments are generally neither cruel nor protracted. They comprise confinement in a prison or penitentiary, transportation, or a fine. The penitentiary is on the island of San Lucas.
In 1841 Costa Rica codified its civil and penal jurisprudence, amending the code materially seventeen years later. This has been the basis of her legal progress and is in force except as modified by subsequent statutes. Among the more important amendments are these: by the Penal Code in effect since 1880 the death penalty is abolished, as well as humiliating and cruel punishments; 1886 there was promulgated a new Civil Code, in which are prominent civil marriages, the right of divorce and the civil equality of woman.
The Code of Commerce in force, founded on Spanish customs, was issued in 1853. The Fiscal Code of to-day went into effect in 1885.
The Military Code of 1871 was superseded in 1884 by another more in accordance with modern institutions.
The Jury System in criminal cases has been in force since 1873.
The Municipal Statutes prevailing to-day were issued in 1867; the General Police Regulations in 1849.
The “Ley Organica” of tribunals was framed in 1845 and modified slightly in 1852.
In 1865 there was promulgated the law for a creditor’s proceedings; the mortgage law was passed in 1865.
Higher and professional education was provided for in 1843 by a law known as the “Statutes of the University of Santo Tomas,” and in 1886 there was enacted a law for common education.
The Registry of property and mortgages was opened in 1867, since which time various reforms have been introduced into the Mortgage Law.
There are besides many special laws, like the Mining Statutes decreed in 1830; the Water Law of 1884 now in force; the Consular Regulations, and others.
By decree of 24th of November, 1863, the decimal system for moneys now in use was adopted. By decree of 10th of July, 1884, the metric system was adopted for weights and measures.
All Costa Ricans between eighteen and fifty years of age are obliged to do military service according to law.
The army is divided into two parts; the first includes, under the head of active service, all soldiers from eighteen to forty years of age; the second comprises all the rest under the head of “Reserve.”
There is a third division, known as the National Guard, including all citizens capable of shouldering arms outside of the foregoing.