Eleanor Finch
The Roman Republic's constitution was an accumulation of laws, norms, legal decisions, and customs that guided the procedural governance of the Roman Republic. It was not a single act of legislation but a set of uncodified norms and customs, which, together with various written laws, governed the Roman people. The constitution emerged from that of the Roman Kingdom and evolved significantly over the almost five hundred years of the republic. The Roman constitution can be divided into three main branches: the Assemblies, composed of the people, which served as the supreme repository of political power; the Senate, which advised the magistrates; and the magistrates themselves, who were elected by the people in competitive elections.
| Characteristics | Values |
|---|---|
| Nature of the constitution | An accumulation of laws, legal decisions, and ancient customs |
| Written or unwritten | Unwritten, but with some written laws |
| First constitutional system | The Roman Republic |
| Development | Developed after the overthrow of the Roman monarchy (traditionally dated to 509 BC) |
| Main bodies | The magistrates, the senate, and the people |
| Election of magistrates | Competitive elections |
| Election frequency | Almost all magistrates served for a term of one year |
| Role of the consuls | To lead the republic's armies in war |
| Power of the assemblies | Sovereign authority to enact or reject any law, confer any magistracies, and make any decision |
| Power of the senate | Limited constitutional powers, but key in making policy decisions |
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What You'll Learn
- The constitution was an accumulation of laws, norms, customs, and ancient traditions
- The Roman Republic replaced the rule of a single monarch with the rule of the elite
- The Assemblies were the supreme repository of political power and had the authority to elect magistrates
- The Senate was a body of former magistrates that advised the magistrates
- The constitution was not truly democratic
The constitution was an accumulation of laws, norms, customs, and ancient traditions
The Roman Republic's constitution was an accumulation of unwritten norms, customs, and ancient traditions, alongside various written laws, that guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom, evolving significantly over the almost five hundred years of the republic. The Roman constitution was not a single act of legislation, as is common today, but a collection of laws, norms, and customs that developed gradually over time.
The Roman Republic replaced the rule of a single monarch with the rule of the elite, known as the patricians. The constitution of the Roman Republic had three main branches: the Assemblies, the Senate, and the Magistrates. The Assemblies, composed of the people, served as the supreme repository of political power. They had the authority to enact or reject laws, confer magistracies, and make decisions. The Assemblies were sovereign, and this view of popular sovereignty emerged from the Roman conception that the people and the state were one and the same. The citizens in the Assemblies, however, did not directly participate in discussions or debates. Instead, they heard the speakers put forth by the presiding officer and then voted.
The Senate, on the other hand, was a body composed of former magistrates, and while it had limited constitutional powers and did not pass laws, it was highly influential in policy-making. The Senate discussed military policy, the conduct of war, foreign policy, financial matters, and issues of law and order. The Senate's influence was such that its advice to magistrates was often binding, especially in the areas of public religion, finance, and foreign affairs. The Magistrates were the third branch, and they were elected by the people in competitive elections. There were two categories of magistrates: ordinary and extraordinary. Ordinary magistrates, such as the consuls, were products of the republican constitution, while extraordinary magistrates, such as dictators, were remnants of the monarchical constitution and reserved for emergencies.
The constitution of the Roman Republic evolved gradually, with changes occurring in the middle and early late Republics. For example, the lex Villia annalis in 180 BC formalised the cursus honorum by setting minimum ages for each office. The development of provincial administration and the promagistracy also marked this period. Rome's expansion led to the acquisition of overseas provinces, which were governed by consuls or praetors assigned by the Senate. The Roman constitution, therefore, was a dynamic and adaptable system of governance that evolved over time through a combination of written laws and unwritten norms, customs, and traditions.
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The Roman Republic replaced the rule of a single monarch with the rule of the elite
The Roman Republic emerged from the Roman Kingdom, evolving significantly over the almost five hundred years of the republic. The Roman monarchy was overthrown in 509 BC, and the last king, Lucius Tarquinius Superbus, was expelled. The monarchy was replaced with a republic to prevent a return to the monarchy and the rule of a single monarch. This new system of government was a stable, conservative, yet adaptable form of governance that allowed Rome to rise to greatness.
The Roman Republic was governed by the Roman Senate and the people of Rome. The Roman constitution was an accumulation of laws, legal decisions, and ancient customs. It was a set of uncodified norms and customs, which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom and evolved significantly over the years.
The Roman Senate was a body made up of former magistrates who advised the current magistrates. While the Senate had limited constitutional powers and did not pass laws, it was the key institution in making policy decisions. The Senate's influence and the respect it commanded were central to its role in creating a constitution. The Senate discussed military policy, the conduct of war, foreign policy, financial matters, and issues of law and order. The Senate's advice to the magistrates was often binding, especially during the republican period, and it regularly directed magistrates on what to do and how to do it.
The magistrates were the second main body of the Roman constitution. They were elected by the people in competitive elections, with successive offices generally having more responsibilities and power. There were two broad categories of magistrates: ordinary magistrates, such as the consuls, and extraordinary magistrates, such as the dictators. The consuls' main role was to lead the republic's armies in war and command and consult the gods. The plebeian tribunes were also important magistrates.
The voting assemblies, or the people, were the third main component of the Roman constitution. They were a sovereign authority with the power to enact or reject any law, confer any magistracies, and make any decision. This view of popular sovereignty emerged from the Roman conception that the people and the state were one and the same. The assemblies were composed of the citizens, who heard the speakers put forth by the presiding officer and then voted. Thus, the Roman Republic replaced the rule of a single monarch with the rule of the elite, the patricians, through the collaboration and interaction of these three main bodies: the voting assemblies, the magistrates, and the Roman Senate.
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The Assemblies were the supreme repository of political power and had the authority to elect magistrates
The Roman Republic was a system of government that evolved over a long period of time and was subject to continual tweaks and improvements. It was a stable, conservative, yet adaptable form of government that provided the platform for Rome's rise to greatness. The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom and evolved substantially and significantly over the almost five hundred years of the republic.
The Assembly passed most laws and could also act as a court of appeal. The comitia centuriata was the assembly of the centuries (soldiers). The president of the comitia centuriata was usually a consul, and the comitia centuriata would elect magistrates who had imperium powers (consuls and praetors). It also elected censors. Only the comitia centuriata could declare war and ratify the results of a census. It also served as the highest court of appeal in certain judicial cases. The assembly of the tribes, the comitia tributa, was presided over by a consul and was composed of 35 tribes. The tribes were not ethnic or kinship groups, but rather geographical subdivisions. While it did not pass many laws, the comitia tributa did elect quaestors, curule aediles, and military tribunes.
The magistrates were elected by the people in competitive elections, with successive offices generally having more responsibilities and power. There were two broad categories of magistrates: ordinary magistrates such as the consuls, products of the republican constitution, and extraordinary magistrates such as the dictators, remnants of the monarchial constitution and reserved primarily for emergencies.
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The Senate was a body of former magistrates that advised the magistrates
The Roman Republic's constitution was a set of uncodified norms and customs, which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom and evolved significantly over the almost five hundred years of the republic.
The Roman Senate was a key institution in the making of policy decisions. It was a body of former magistrates that advised the magistrates. The Senate was made up of 300–500 senators who served for life. Initially, only patricians were members, but plebeians were later admitted, although they were denied senior magistracies for a long time. The Senate held fiscal responsibilities, such as the regulatory power over the treasury's incoming and outgoing transactions, and it was in charge of creating and maintaining public buildings, as only they could distribute grants to the censors. The Senate also oversaw judicial proceedings in extreme cases of violent offences in Italy and could be asked to oversee judicial proceedings in allied states. The Senate was also in charge of diplomatic measures and the representation of the Roman Republic.
The Senate's power expanded over time as the power of the legislative assemblies declined, and the Senate took on a greater role in civil law-making. The Senate passed decrees, which were called senatus consulta, or "advice" handed down from the senate to a magistrate. The Roman magistrates were elected officials in ancient Rome. During the Roman Kingdom, the King of Rome was the principal executive magistrate, with absolute power. When the Roman Republic was founded in 509 BC, the powers that had been held by the king were transferred to the Roman consuls, of which two were to be elected each year. The consul of the Roman Republic was the highest-ranking ordinary magistrate. Praetors administered civil law, presided over the courts, and commanded provincial armies. Another magistrate, the censor, conducted a census, during which they could appoint people to the Senate. Aediles were officers elected to conduct domestic affairs in Rome, and were vested with powers over the markets, public games, and shows. Quaestors usually assisted the consuls in Rome and the governors in the provinces with financial tasks.
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The constitution was not truly democratic
The Roman constitution was an accumulation of laws, legal decisions, and ancient customs. While the constitution of the Roman Republic had many democratic features, it was not truly democratic. The Roman Republic replaced the rule of a single monarch with the rule of the elite, the patricians.
The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom, evolving substantively and significantly over the almost five hundred years of the republic. The collapse of republican government and norms beginning in 133 BC would lead to the rise of Augustus and his principate.
The Roman Republic was a system of government that evolved slowly over a long period of time and was subject to continual tweaks and improvements. The Republic did not come into existence overnight but suffered both internal and external conflicts. The constitution can be divided into three main branches: the Assemblies, composed of the people, which served as the supreme repository of political power and had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace; the Senate, which advised the magistrates, acting primarily not on legal authority per se, but rather with its influence; and the magistrates, who were elected by the people in competitive elections, with successive offices generally having more responsibilities and power.
The assemblies were a sovereign authority, with the power to enact or reject any law, confer any magistracies, and make any decision. This view of popular sovereignty emerged from the Roman conception that the people and the state (or government) were one and the same. However, the assemblies did not participate or discuss matters laid before them, they heard the speakers put forth by the presiding officer. After such a discussion, the presiding officer could call for a direct up-or-down vote. The senate was a body made up of former magistrates, and while it had limited constitutional powers and did not pass laws, it was "the key institution in the making of policy decisions". The senate discussed military policy, the conduct of war, and issues of foreign policy, as well as financial matters and issues of law and order. The extent of deference to the senate and its decisions waxed and waned over time but was sufficiently strong during the republican period to find it regularly directing magistrates on what to do and how to do it. This influence was especially strong in the administration of public religion, finance, and foreign affairs, including the assignment of magistrates to military commands.
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Frequently asked questions
The Roman Republic did not have a formal, single-act-of-legislation constitution. Instead, it was a set of uncodified norms, customs, and various written laws that guided the procedural governance.
The constitution of the Roman Republic had three main branches: the Assemblies, the Senate, and the Magistrates.
The Assemblies, composed of the people, served as the supreme repository of political power. They had the authority to enact or reject laws, elect magistrates, administer justice, and declare war or peace.
The Senate was a body of former magistrates that advised and influenced the decision-making process. They discussed military, foreign, and financial matters, as well as issues of law and order.
The Roman Republic's constitution evolved gradually over time, with changes such as the formalisation of the cursus honorum, the introduction of secret ballots, and the abolition of the cooption of priests in favour of election.
